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HomeMy WebLinkAboutCC 1986-02-27 MinutesOF MEETING HELD ON FEBRUARY 27, 1986 (PLANNING AND ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk ITEM SUBJECT NO. INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA FEBRUARY 27, 1986 LEGISLATION PAGE NO. 1. PUBLIC HEARING AND FIRST READING FIRST 1-18 ORDINANCE: DEPT. OF BUILDING AND READING ZONING. 2/27/86 2. SPEECHES GIVEN BY CHILDREN OF THE DISCUSSION 19-21 GIBSON SPEAKERS PROGRAM (PRESENTED 2/27/86 BY NANCY DAWKINS AND THELMA GIBSON). 3. DETERMINATION OF AMOUNT OF REQUIRED R-86-151 21-23 MIAMI GRAND PRIX RACE INSURANCE. 2/27/86 4. DESIGNATION OF VENDOR LICENSES R-86-152 23-24 DURING THE GRAND PRIX EVENT. 2/27/86 5. EMERGENCY ORDINANCE: CITY MANAGER ORDINANCE 24-25 TO ISSUE FIREWORKS PERMITS. 10082 2/27/86 6. FUNDS TO STABILIZE THE SHORELINE. R-86-153 25-26 2/27/86 7. DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 26-28 OF CIVIL SERVICE BOARD 2/27/86 APPOINTMENTS. (SEE LABEL #17). 8. PAYMENT OF ATTORNEYS' FEES INCURRED R-86-154 28-31 FOR DEFENSE OF LUIS ALVAREZ, POLICE 2/27/86 OFFICER, CRIMINAL PROCEEDINGS. 9. SECOND READING ORDINANCE: ORDINANCE 31-32 SCRIVENER'S ERROR IN ZONING ATLAS, 10083 APPROXIMATELY 1501 S.W. 2ND AVENUE. 2/27/86 10. ALLOW OCCUPANCY OF ONE PRIVATE R-86-155 32-47 PLEASURE CRAFT AS LIVING QUARTERS 2/27/86 AT 960 N.E. 78 STREET (BELLE MEADE) - PUBLIC SPEAKERS. 1 11. STREET CLOSURE AT 1660 N.W. 7TH R-86-156 47-48 COURT AND 1601 N.W. 8TH AVENUE AS A 2/27/86 CONDITION OF APPROVAL OF TENTATIVE PLAT: "HIGHLAND PARK HOSPITAL SUBDIVISION FIRST ADDITION. 12. COMMENTS ON MONIES TO IMPROVE DISCUSSION 49 ORANGE BOWL. 2/27/86 13. PERMIT SPECIAL EXCEPTION OF A R-86-157 49-55 DRIVE-IN FACILITY FOR THE REPUBLIC 2/27/86 NATIONAL BANK AT 2800 N.W. 7TH STREET. -1- ■ p ri 14. PERMIT A REDUCTION ON NUMBER OF R-86-158 55-57 RESERVOIR SPACES REQUIRED FOR 2/27/86 DRIVE-IN FACILITY FOR REPUBLIC NATIONAL BANK AT 2800 N.W. 7TH STREET. 15. PERMIT CONSTRUCTION OF DRIVE-IN R-86-159 57-58 FACILITY FOR REPUBLIC NATIONAL BANK 2/27/86 AT 2800 N.W. 7TH STREET. 16. LONG DISCUSSION - INSTRUCT M-86-160 58-70 ADMINISTRATION TO OBTAIN MASTER 2/27/86 PLAN OF ALL OF VIRGINIA KEY; OTHER PROPOSALS CONSIDERED BUT NOT PASSED. 17. MARISA PARES AND GEORGE ADAMS R-86-161 70-73 APPOINTED TO CIVIL SERVICE BOARD 2/27/86 (SEE LABEL #7). 18. DENY PERMIT TO CONSTRUCT R-86-162 73-99 COMMERCIAL/RESIDENTIAL STRUCTURE 2/27/86 (POST OFFICE PLAZA AT 3195 GRAND AVE.) 19. DENY SPECIAL EXCEPTION FOR PROPOSED R-86-163 100-101 PARKING STRUCTURE IN CONJUNCTION 2/27/86 WITH COMMERCIAL/RESIDENTIAL STRUCTURE (POST OFFICE PLAZA) 3174- 90-92 S APPROX 3198 FLORIDA AVE. 20. UPHOLD ZONING ADMINISTRATION R-86-164 101-106 INTERPRETATION OF "BILLBOARDS SIGN 2/27/86 FACES" ETC. 21. FIREWORKS IN THE VIZCAYA AREA FOR A R-86-165 106 SPONSOR'S PARTY ON MARCH 8, 1986. 2/27/86 22. AMEND CONTRACT WITH MIAMI-TRADE R-86-166 107 TOURISM COMMISSION. 2/27/86 23. RESCHEDULE COMMISSION MEETING ON R-86-167 108 MARCH 18, 1986. 2/27/86 24. RESCHEDULE COMMISSION MEETING FOR M-86-168 109 APRIL 17, 1986. 2/27/86 25. APPROVE THREE LOCATIONS FOR R-86-169 110-117 MODERATE AFFORDABLE INCOME HOUSING 2/27/86 OFF CLAUGHTON ISLAND: (1)SHELL CITY (2)EAST LITTLE HAVANA (3) VIZCAYA METRORAIL; ACCEPT $3,200,000 FROM DEVELOPERS OF CLAUGHTON ISLAND. 26. CONTINUE PROPOSED AMENDMENT TO M-86-170 118 DEVELOPMENT ORDER FOR MIAMI CENTER 2/27/86 I PROJECT. 27. ADOPT IN PRINCIPLE "1986 HOUSING R-86-171 118-120 ACTION PLAN-OVERTOWN TARGET AREA". 2/27/86 28. ACCEPT PLAN: "LEITNER TRACT R-86-172 120-121 AMENDED". 2/27/86 29. LEASE OF OFFICE SPACE AT DUPONT R-86-173 121-123 PLAZA CENTER FOR DEPT. OF 2/27/86 DEVELOPMENT. -2 - t 0 i4 E 3 } t I r f i MINUTES OF REGULAR PIEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 27tn day of February, 1986, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 2:00 O'Clock P.M. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo ALSO PRESENT: Cesar Odio, City Manager Lucia Allen Dougncrty, City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Suarez who then led those present in a pledge of allegiance to the flag. 1. PUBLT.r HEARING AND FIRST READING ORDINANCE: DEPT. OF BUILDING AND ZONING. Mayor Suarez: OK. Let's proceed with Item "A" scheduled for 2:05 since it's 2:07 approximately. I hope the Miami News reports that, or was it the Herald that said that we were fifteen minutes late the other day. A man can't run out of gas on the expressway without having it be reflected in the Miami Herald. Mr. City Manager, Item "A"? Mr. Odio: Yes, sir? Mayor Suarez: We had previously discussed establishing d separate Building and Zoning Department, what is the City's recommendation? Mr. Odio: In brief we are recommending that we create a separate Department of Building and Zoning and that a public hearing... (APPLAUSE) Mayor Suarez: We arc going to try to near from everyone... Well, nut from everyone, from every concerned group that's a ... but the less you clap, the quicker we can proceed. Mr. Odio: And basically, we are simply recommending this. I would suggest that you go through with your public hearings and near both sides out, and based on that, that you make your best... Our professional opinion is that we should go anead and have a separate department, so that it can be easily identified with the building industry, tnac the building inspCctor and everything under that Building and Zoning Department, that clearly an architectural man should be running that department and that we would... we feel that that's the best way to go at this time to expedite construction, to make sure that we keep the contractors building within the City of Miami. I don't want to go into detail unless you want me to on my whole memorandum, but that's basically, the bottom line of our recommendation. gl 1 February 27, 1986 • Ms. Kennedy: Mr. Manager, this is going to be the first of twu hearings, is that correct? Mr. Odio: That is correct, by law. Mayor Suarez: It will have to be done by an ordinance 1f ctie Commission approves it. We have a variety of requests here and I'm going to read them. If there is anyone of these that is opposing the cieatlon of a separate department, would you please let me know, because I don't know to what extent these are people brought by yourself, Dr. Alonso, I know you are in favor. We have Dr. and Mrs. Alonso, arcnitect Alberto Gonzalez. Is he part of your group? Engineer Jorge Barra, architect Jose Renul, Julio Sotolongo, Oscar Gonzalez, Jose Corbato, engineer J. de la Hoz and Victor Haber. OK. That sort of... but you are in favor also, architect. Do we nave any opponents on this issue that would like to address the Commission? Do you have an organized group or association of auy sort that we can use to limit then the amount of time? Sir, would you approach the mike and tell us about it. Name and address and what organization you tepresent, and now we can limit the amount of time on this issue please. Mr. Melvin Yampolsky: Thank you, Mr. Mayor. My name is Melvin Yampolsky, from 1110 Northwest 186th Street, North Dade County and I represent the American Society of Plumbing Engineers, Miami Chapter, and I'm going to read from a small prepared text. "Subject, separation of the Building and Zoning Department from Fire and Inspection Services. Mr. Mayor and Honorable City Commissioners, my name is Melvin Yampolsky and I have the honor of representing the Miami — Mayor Suarez: Let me just ask you for procedural reasons, are you representing a number of the people that raised their hands? Mr. Yampolsky: No, tney are different groups. ` Mayor Suarez: OK. Do you represent any of the people that raised their hands? Mr. Yampolsky: No. Mayor Suarez: Just yourself. Mr. Yampolsky: No, I belong to an organization in favor of it, sir. Mayor Suarez: OK. We are just going to limit you, then to two minutes. I think we better keep it two. Otherwise, we will never get out of here. Mr. Yampolsky: OK. That's fine. I have the honor of representing the Miami Chapter of the American Society of Plumbing Engineers. Our members are the plumbing engineers who design the plumbing and mecnanical piping in many of your Miami buildings. Several years ago when the City of Miami merged with the Building Department with Fire Inspection Services, we like others were skeptical. However, after seeing the results over the years, we are unanimous in saying that the move was a success. We are here today because of the proposal to reverse the action and return the Building Department to its old form. We are also aware that the estimated cost would be about a hundred seventy-five tnousand dollars. We humbly request that before you take tnis action, please restore the Construction Advisory Committee setup late last year and give tnem a chance to come up with proposals. Thank you. Mayor Suarez: Let me ask you a question. Do you know the name of the current department where Building and Zoning is included now? 3 i Mr. Yampolsky: It's under Fire and Inspection Services I believe. Mayor Suarez: That's close to the name. That's not exactly, but it's close. Thank you, sir. What are you doing here on this item now? Ms. Truly Burton: Good afternoon, my name is Truly Burton, and I happen to be chairman this year of the Construction Industry Advisory Council, which is an umbrella group of about thirteen or fourteen Allied Trade Associations. I'm tneir 1986 chairman, in addition to my duties with the Builder's Association. gl 2 February 27, 1986 This group met and discussed the issue at great length and a number of our representatives are here. I just wanted them to stand so you can see who they are and be counted. Would you all rise please. Thank you. Mayor Suarez: Give me the name of the organization one more time please. Ms. Burton: Construction Industry Advisory Council. I'm the Chairman for this year, for 1986. They also believe that this department is doing a good job. The department head is accessible to industry representatives. If we do have a problem, we know who to contact. We may not always get the answer that we want, but we know that the department is fair and they listen to us. The C.I.A.C. proposes a solution to this matter as to whether or not there should be a separate department. Several months ago the City officials convened a particular group called the "Construction Advisory Committee." It was just an industry and City government committer. As far as I know only one meeting of this particular group has been held. If this Advisory Committee had been functioning, this enormous pinned up frustration that all members of Lne industry feel, would have not come to past. Members of my association, the Builder's Association of South Florida and I have participated in other such advisory groups and continue to participate in them every month on an informal basis. Anyone who has a problem just shows up and says Mr. Building and Zoning Director or official I have this problem and in most cases it gets resolved. The important things that meetings like this, if the creation of this particular committee is established is that they be held every montn by key staff folk. I think the issue of whether or not there should be a separate department should go to that committee as its first order of business, with recommendations LnaL should come back to you in LnirLy to forty—five days, or a reasonable period, and you all should nave LnC opportunity to near the recommendations of that group. Mayor Suarez: Truly, I believe you nave stated that in effect, if I may summarize a little bit, that the department is now and department head in particular, is responsive to your concerns and so on. How do you feel that, that would worsen with the change proposed, if you do. Do you think that under the new proposal that the department would not be equally responsive and if so, why? Ms. Burton: I guess the members feel that the department is running well right now and they are confused as to why a change would make somecning better when they believe that it's functioning well right now. Thank you. Mr. Sam Bloom: Mr. Mayor, Commissioners, City Manager, my name Sam Bloom. I'm a plumbing contractor. I served for seventeen years on the Dade CounLy Licensing Boards, and I'm serving my second term on the Construction Industry License Board of the State of Florida, chairing the Unlicensed Activity Committee and the Legislative Committee. I wrote you, Mr. Mayor and your secretary was supposed to tell me about coming to appear before the meeting. I do a number of the large buildings... Mayor Suarez: Could you state your address please? There are some Commissioners that want to have everyone under oath. We haven't quite gotten to that point yet, but... Mr. Bloom: 900 NorLnwest 144th Street, Miami 33168. I do a number of the large buildings in downtown Miami, and we find that the inspection under the disciplines that we operate are being naLidlea well. We have no problems with the services that they now exist. In fact, we are quite pleased. When the department was changed and it was brought to the attention of the State Licensing Board a number of people raised their hands and said this isn't the way to go. Since that time there has been a complete turn around, Mr. Mayor, in the opinion of all the people that I know in the cunstruction industry except a few, and why they want to change it, I will never know. We certainly don't want to go back to the old politics of the Building Department. The inspectors tnat handle the buildings that I work on are qualified. They do a good inspection job. They handle the work well. If there is any problem and we have to go up to Chief Teems, it is certainly taken care of, and we find --- and I speak for the people that I know, and that are in the industry and they say leave well enough alone. You have got an organization that is working and we find no reason, and we trust, sir, it's not political that Its being changed. It certainly is operating for the people in the construction industry that know what they are doing. Thank you, sir. gl 3 February 27, 1986 s Mayor Suarez: One question? Mr. Bloom: Yes. Mayor Suarez: When and where was the last construction► project in the City of Miami that you were the plumbing contractor for? Mr. Bloom: Right now I'm doing the Lincoln Financial Towers on Brickell Avenue. We are doing the Venetia on Bayshore Drive. Mayor Suarez: How big a project is Lincoln? Is tnat... that's a major project. Mr. Bloom: That's a tnirty-three story job. Mayor Suarez: Do you have any idea of what the worth of that is. What the cost of It is? Mr. Bloom: The entire building? Mayor Suarez: Approximately. Mr. Bloom: I presume it's a... Mayor Suarez: It's a major project. Mr. Bloom: It's a major project over fifty million. I worked on Plaza Venetia, which is the largest...thac's two and a quarter million square feet. That's probably the largest building in the State of Florida, in the City of Miami, and I'm sure every Commissioner here is well aware of the size of that project and what it's going to help in the area. You all know Mr. Hollo, and he is... and we are doing that and a number of other projects that I am doing downtown. I do a number of tt►e large projects and we are quite satisfied with the reception we have from tue inspectors, sir. Mayor Suarez: Thank you, sir. Anyone else against the proposed change? You can take it eitner way. You can say in favor of maintaining the exastzng structure or against changing It. That's... Mr. William A. Brameyer: Correct. Mr. Mayor, I would like to read from a prepared statement. Mayor Suarez: ...no intent to... Mr. Brameyer: Before I do however, I would like to again, extend my congratulations to you for the way you handled the situation in Little Haiti a few weeks ago. Mayor Suarez: Thank you, sir. That's... you are the one who wrote the letter on that. Mr. Brameyer: Yes, sir. Mayor Suarez: Thank you, sir. Give us your name and address for the record please. Mr. William A. Brameyer: Righc. Mr. Mayor and members of the Commission, my name is William A. Brameyer. I'm the executive director of the Certified Plumbers of South Florida. My office address is 14105 Northwest 5861 Court. We are an organization of eighty-five local plumbing contractors. Employ more than five thousand people. Mr. Mayor, back in 1982 when the Commission put the Fire, Rescue and Inspection Services Department in charge of the Building Department, our organization was against the move. In 1982 the Building Department handled five thousand five hundred sixty-one complaints two thousand four hundred fifty-nine violates and made nxnecy-one thousand and ninety-eight inspections. This year... last year, excuse me, 1985 witn no substantial increase in staff, that department handled eight thousand six hundred forty-nine complaints, five thousand eight hundred fifty-eignc violations and made one hundred four thousand three hundred fifty -tour gl 4 February 27, 1986 inspections. Thls incredse was acnieved under the direction of the Fire Department. According to reports of statements made by the City Manager, to separate the two would result in an lucreased cost of at least a hundred seventy-five thousand per year. This minimun annual expenditure is also at a time when this Commission finds it must reject many worthwhile neigt1borhuod projects because of budgetary problems. Mr. Mayor, and members of this Commission, you may recall I stated chat we were against the moved in the beginning. I stand here today to cell you that we are firmly in favor of retaining the department as 1t is and to quote Commissioner Plummer. "If 1t ain't broke, don't try to fix it." Thank you. Mayor Suarez: 1 have a question for you? Mr. Brameyer: Sure. Mayor Suarez: You were initially against the change and you Lind tnac you were wrong. Any chance that you may be wrung now, being against the change back to the original system now that we nave cured, presumably, whatever problems of corruption that existed? Mr. Brameyer: Mr. Mayor, the last time I tried to walk to Bimini, all I gut was a nose full of water. Yes, sir, we can be wrong, but we feel strongly in this matter. Mayor Suarez: Well, it's very honest and we appreciate your, you know, admitting to us that your position at the time was that way, because people don't always tell us exactly to what extent they feel they nave committed what turned out to be an error in the past and we are happy to near that kind of honesty. Thank you, for your testimony and for your letter, too, sir. ' Mr. Brameyer: Thank you. Mr. Plummer: Question? Mr. Brameyer: Yes, sir. Mr. Plummer: You were nere with, cne old system? Mr. Brameyer: Yes, sir. Mr. Plummer: And you are here with the new system? Mr. Brameyer: Yes, sir. Mr. Plummer: And you nave compared Elie two? Mr. Brameyer: Yes, sir. Mr. Plummer: And you think the new system is much superior'. Mr. Brameyer: Yes, sir. Mr. Plummer: Tnank you. Mayor Suarez: Thank you, for your testimony. Mr. Joseph A. Mokner: Mr. Mayor, Commissioners, my name is Joseph A. Mokner, from Mokher Plumbing Company. My address is 3800 Shipping Avenue, Miami, Florida. I represCnE the Association of Plumbing, Heating, Cooling i Contractors. In the interest of time, sir, I would like to say that we... I take the same position chat the others previous to me nave stated. Wo feel that the system is operating without any problems. My business does service x work tnroughout the City of Miami. I have done various projects over a period ' 3 of the last twenty years and we feel tndt we should not make any changes to the present system. Mayor Suarez: I just nave one question. Do you know the name of the existing department? This is a quiz I gave everyone. I give the opponents the same quiz too. Don't worry. i gl 5 February 27, 1986 Mr. Mokher: Well, I know Mr.... I know... Mayor Suarez: It's a complicated name. Mr. Mokher: I deal with Mr. Dave Teems, from the Fire Department and he is a... Mayor Suarez: Everyone knows Mr. David Teems, and Lhinks ne is doing a good job. Thank you, sir. It's a complicated name. Thdt's wny I asked the quesLion. Fire, Rescue and Inspection Services. Do I have that correcL? Mr. Plummer: More or less. Mayor Suarez: More or less. Ok. We are finished on the opponents. On cne proponents people in favor, DOCLUr, can we organize you, so that we have nu more than the amounL of time chat was taken against? For example, can we have let's say a total of fifteen minutes parcelled out among, let's say no more than four speakers or five speakers aL most. Dr. Leonel Alonso: Yes, sir. Mayor Suarez: In fact, you might not need to take Lne entire fifteen minutes, depending on the consensus of the Commission as it is evidenced today. A famous Commissioner named J. L. Plummer, once said if you think cnings are going well don't press your luck, sometimes you can ruin it. Mr. Plummer: Mr. Mayor, while they are getting organized, it was my understanding, even though you know my position well, that I think I made a pledge to these people thdL I find tndL is different nere today, and this was not only to be a public hearing, but first reading, and I don't see that as the agenda reads, and I think in all fairness to these people wno wish to expedite... 4 Mr. Odio: It is a first reading. Mr. Plummer: Excuse me, it is not on the agenda as first reading, Mr. Manager. Mr. Odio: Oh, it is not. I'm curry. Mr. Plummer: And it was my pledge to these people thaL in no way would I try to impede or slow this down, even though I'm in opposition and I'm asking the S City Attorney, if in fact, this can be- a first reading? Ms. Dougherty: This may be a first reading. Mr. Plummer: OK. Fine, thank you. Mayor Suarez: I think in our packet we have the proposed ordinance. Mr. Plummer: But read the agenda, it's not shown as an ordinance on first reading. g Mayor Suarez: It isn't clear on the agenda. Dr. Leonel Alonso: Mayor and Commissioners,... Mayor Suarez: Why don't we give them three minutes each speaker. Are you going to have five speakers altogether? Dr. Leonel Alonso: Yes. Mayor Suarez: Or if you can keep it to less, please do Doctor. Dr. Leonel Alonso: I am Dr. Leonel Alonso. I live in 1920 Brickell Avenue. I am the president of the Association of tnc Investors and Builders of Greater Miami. Thank you, very much again, for your Lime. We...I personally worked in the old system and is the new system. We prefer definitely, the old system _ to the new system. No doubt about that. I am a minoriLy..(APPLAUSE). I am a minority... I... gl 6 February 27, 1986 ,.. Mayor Suarez: Once again, the clapping does not help us. It really hinders our proceedings. Go ahead. Dr. Alonso: I build in our areas, in our neighborhoods. I live also, in that neighborhoods. I am working for the last ten years in the City of Miami in the construction business. I know perfectly that as a minority we are confronting problems with the new system. We believe certainly, very strongly, that the new system will improve the economy, will improve the industry of construction in the City of Miami. We think that it's very important to establish a new department, Zoning and Building department, and have in front of that department an architect or engineer, people that are very well educated people, that are professionals and are technical to know exactly what are the means, what are the problems of our industry. Otherwise, we will continue and most of tnese people that came here today, tnat tnuy never built or they are not building in the City of Miami. They don't care about the City of Miami. They are not working with us in the City of itiami. These people are working hers in the City of Miami. They are a small builder. They are a small investor. They are working here with us, and for that reason we care about this problem and we are supporting the new department of Zoning and Building in front ---having in front an engineer or an architecL. Mayor Suarez: Let me procedurally ask you to ... since we nave A.B.C. and the Latin Builders who want to be heard on tnis issue, limit you to a total of three speakers, two more and nave the rest of the group please sit down. We don't need you standing up. Dr. Alonso: Architect Ferradas, please. Mayor Suarez: It has the effect of blocking the view of the people In the back and that's not fair. Mr. Jose Ferradas: Mr. Mayor and Commissioners, my name is Jose Ferradas. I'm a registered architect in the State of Florida. As a user of the Building and Zoning Department both as a contractor for my own projects and as an architect for my client's project, I come before you to ask you to return the Building and Zoning Department to a separate entity like it is in every city that has one. I believe this will reduce the double layer of bureaucracy that we have to confront now. The everyday uses of the department. I also believe that this will tremendously help to improve the attitude and performance of the people working there now. I believe tnar the Fire Department should a become again, but it has to be in the building industry, the watchman for all fire regulations and inspections as specified in the South Florida Building Code. By the way, this is...the Fire Department is as important as plumbing, as electrical and zoning departments separations. I believe the Building Department should be headed by an arcnicect or an engineer and we should leave matters, if there were any, of corruptions and mal administration to the property authorities. We don't believe that the Fire Department should be the prosecutor of any Omer department, and I certainly believe that if we race make a change, it will improve greatly the attitude and the production of the d people working there. That's all. M Mayor Suarez: Did you give your address, Mr. Ferradas? i Mr. Ferradas: Yes, Mayor. Thank you. f Mayor Suarez: When is the last and where was the last project in the City of Miami that you built or participated in, if you did? Mr. Ferradas: I nave a small duplex that was finished a couple of weeks ago, and I am in the process... 4 Mayor Suarez: Where is that? Mr. Ferradas: 34th Avenue I believe. 34tn Avenue dnd Southwest... and I nave another project going, starting now on 23rd Street and about 36th Avenue, which I'm the architect. Mayor Suarez: I presume you are more precise on tnaL when you send your workers over there. . gl 7 February 27, 1986 0 0 % Mr. Ferradas: I surely do, but T try to design and not to the address. I don't have to call for the materials. Thank you. Mayor Suarez: All right, thank you, sir. Dr. Alonso: OK. Victor Oscar Gonzalez. Mr. Oscar Gonzalez: Good afternoon. Mayor Suarez: State your---yes---name and address please. Mr. Oscar Gonzdlrz: My name is Oscar GunzdleZ, architect, 3493 East 4th Avenue. I think the matter we are discussing at this minute, it doesn't nave to do nothing with if it's the Fire Department, or it's the Planning - Department, or whichever department that's going to be ruling, the Zoning and Building Department. I have been working with the City of Miami for more than twenty years. I remember before the last three years, we used to wurk with the Building and Zoning Department by itsell, and it worked very nice. Since the department have been under the jurisdiction of the Fire Department, perhaps the problem we confronted that in many instances, we get to a point arguing with the people from Building and Zoning, that it gets to a point that they cannot decide, because tney have to go to whichever is heading the department, that is a fireman. I think that the Building and Zoning is a like an enforcing department. Planning creates ordinances, laws, other departments, is Public Works, and Building and Zoning takes care that those ordinances ure complied. The Fire Department nave been involved in cnecking plans, always. I remember sixteen years ago it was Mr. Thompkins, after that Mr. Campini. Now, it's Mr. Wise, Mr. Richards, they are firemen that they know their profession and before and no;: and I'm sure in the future the plans ' will be checked and rechecked, and they will require all regarding safety, national safety, fire codes, fire safety. They don't give an inch back. They check your plans and your plans will have to show all those requirements, and that isn't going to change. The only thing, T think, that the department should be headed by a professional that knows not oily about fire, but nave to know about mechanical, plumbing, structural and air conditioning. Building and Zoning is very delicate department, it should be by itself. Mayor Suarez: Thank you. Dr. Alonso: I will appreciate very much if you allow two or tnret other people that also belong to our organization. Mayor Suarez: It will take that much longer Doctor. Why don't you keep it to one more and then we take one from Latin Builders and one from A.B.C. Ms. Miriam Alonso: I would 1..«_e to speak, but not on behalf of this organization, but I would like to speak on behalf of people who live in the City of Miami and I find that the problem...I was opposed to the marriage before and I came to the ---not to the members of this Commission, unfortunately, they were not there at that time. Some wnere... Ms. Kennedy: Miriam, excuse me, wny don't you state your name and address for the record. Ms. Miriam Alonso: Miriam Alonso, 1441 Soutnwest 12tn Street and I live and I work in Little Havana and I know the problems tnat the Building and Zoning Department have had. I worked with tnem in the past and I have been working with them now. I work, I build, I am in the real estate business and I know the problem. I have been neighbors go to that department and face lot's of problems. I think that the problem that we nave to address here is not the problem of the big builder, we nave to address the problem of the small builder. The one who goes with one small house, with a duplex or with constructions that are small. We are not talking about millions, but we are talking about a lot of construction in the City of Miami. We are talking about the neighbors who go for information. We think that the Fire Department is an excellent department in their field, but the field of building and construction should be left to the people who know all about construction. We think that's the key issue here. We are not talking about millions. It will be millions when we put together the smaller builder, but I think that we have gl 8 February 27, 1986 to address this from the point of view of also the people who live in the area and tired to do small things, those are affected as well. There is a lot bureaucracy in that department as well as the problem that a department that is not in construction have to make the final decision, and the base of the problem is thdt. They are great in relation to fire, but they don't know about building and it should be left to a professional in that field. Thank you, very much. Mr. Cruz Rodriguez: Good evening or good afternoon. Mr. Dawkins: Hey, brother Cruz. How are you doing Mr. Cruz? Mr. Cruz Rodriguez: I'm fine and you? Mr. Dawkins: All right. Mr. Cruz Rodriguez: Mr. Mayor, Commissioner, my name is Cruz Rodriguez, I have been a general contractor for twenty-five years in this city. One question that I nave this afternoon is ... bur- I remember when this ordinance was placed by the previous administration it was no hearing. They just put the ordinance there and they approved it, and I see now that we are making a federal case of something that's supposed to be right since the beginning. The Fire Department in no way can control a building department, for only one reason, because the Fire Department doestt't know anything about construction. They know about safety. They know about the regulation, about the enforcing of the code of regulation for the fire safety, but not about steel blocks, doors, and millwork. Therefore, I don't see any point Gnat this city is the... I think is the only one in the whole United States that is headed by a department of construction by a Fire Department Chief. In the future, it can be the Chief of Police, or it can be the Cnief of the Waste Department, and this is a no nonsense. We are builders, small and big, but we want that this department be headed by someone who really represents all the layers of the construction and I offer this ... at this time I'm offering you a practical solution and one solution for ever, that the head of the department of the Building Department be an engineer or an architect registered in the State of Florida and living in Miami. That's the only way that you can prevent from now and in the future that things like this happen. I am not asking that be a ' general contractor one of the head because a g , general contractor can be somebody in six months or one year and I asking for someone who has to go through the school, through the university and have a license of an engineer, a civil engineer or an architect to nead this department. If you do that, you are doing the right thing in this city, and the previous organization... Mayor Suarez: What is your own occupation? Did you state chat before? Mr. Rodriguez: I am a general contractor. Mayor Suarez: Under what jurisdiction? Mr. Rodriguez: State wide. Mayor Suarez: State of Florida? Mr. Rodriguez: And gentlemen, in order for everyone in this trade to be happy and safe and in order for this City to improve the quality of the construction I'm asking you, I'm begging you to review tnis ordinance and place it in the right way and give the department, the construction department, the rignc people that supposed to be someone who really knows what is in the trade of the construction. Thank you, very much. Mayor Suarez: Thank you, sir. Ms. Kennedy: Mr. Cruz, I know that you are used to having an all male Commission for many years, but don't say gentlemen, please. Mr. Rodriguez: I'm sorry. Ms. Kennedy: OK. Mr. Rodriguez: It was not my intention. gl 9 February 27, 1986 Y Mr. Plummer: Mr. Mayor? Mr. Mayor, just to sec Lne record sLraighL, not for argumentative purposes, I'm the only Commissioner sitting, I think, presently who was aL the time of the other change, and tirsL of all this is not a federal case, it's a local level. There were public hearings at that Lime, as there are public hearings now. There art seven major cities Lhac now have their Building and Zoning department under the Fire Department and just recent ... excusv me, sir, may I finish. I allowed you co do the same. Thank you. And just recently, after the pilot of Miami Beach has just, in the last tew months, done the same and placed their building and zoning under Lne Fire Department. Not for argumentative, sir, for the record and setting it straight. Mr. Carlos Menendez: My name is Carlos ;Ienendez. Mayor Suarez: You are not wiLn Dr. Alonso's group? Mr. Menendez: Yes, I am. Mayor Suarez: Well, wily don't we let some of Lne oLher speakers go... I mean, I will reflect for the record your name and address and tnat you are in favor of the change, I presume. Mr. Menendez: Yes. Just a simple thing LndL I noticed. I noLiced thaL Lne group that opposes are all plumbers. The group that defends the proposition are contrdctors, architects and engineers Lhat have under their jurisdiction plumbers, electricians, carpenters and everything. So, we represent cne whole scope of the building industry. They represenL just a small part of the construction business. I understand that they said that when they had a problem, they consult Chief Teems. I know Cnief Teems is a tantasL2c firefignLer. The Fire Department of the City of Miami, I think, is number one in the City, but I don't think that Chief Teems knows a lot abouL plumbing, maybe ne knows, I don't know, but that doesn't have anything to do with Fire DepartmenL, except the tire stands—Lne... Mayor Suarez: That was a little longer than what we expected. Mr. Menendez: OK. Thank you. Mayor Suarez: I want to say something on that point, because... you won't need to say it, I guarantee you. Any references to people that are in favor or against and what they stand for or who they represent, etc., is really not ' particularly helpful to us. Those are what we consider arguments ad hominem in logic, instead of on the merlcb. Stick to the meriLs. Don't tell us about the people that are for or against IL. (BACKGROUND COMMENT INAUDIBLE). Mayor Suarez: We will give you jusL a couple of minutes for rebuttal. (BACKGROUND COMMENT INAUDIBLE). Mayor Suarez: But go ahead. Mr. Victor idler: Mr. Mayor, Ms. Commissioner... Mayor Suarez: Are you witn Dr. Alonso's group? Mr. Jaler: Yes, I belong to Alonso's group. Mayor Suarez: All right, just a minute, because we have had more than enough speakers. Mr. idler: So, I am plumber, but I am Lhe plumber that work witn Lhe people. I am not the boss, the plumber. I am the plumber that go inside the house to fix the people, the people fixtures, or the troubles, they goL the people. So, suppose I go fix anything and they come, the firemen, to tell me now to do this job, because my competition is plumbing. So, I know now to do the job. So, suppose they come here Lo teach you about the lbw? II gl 10 February 27, 1986 Mayor Suarez: They do LhdL Loo. Mr. idler: They do LhaL? Suppose they have to cure somebody nere is sick, is dying and is a doctor, and the Fire Department came to tell Lne doctor how to cure this tning. It's no matter to put somebody as depdrLmcnL what they don't know. So, I go for the trying Lo live in the own department, like you Lawyer, ne lawyer, like Lue building... Mayor Suarez: Thank you, Victor. Let's heer from Lne rest of the speakers. You guys are really over killing it, and you know, that can be harmful on this Commission. Mr. idler: Thank you. Mayor Suarez: Right, thank you. Mr. Tony Goitia: Mr. Mayor, Commissioners, my name is Tony Goitia. I am d director of the Latin Builders Association. Although, we are members of the C.I.A.C., we are dgdinsL esLablisning or reestablishing another committee wltn the purpose of coming back here in forty-five days with another recommendation, thdt's in our opinion a WdSLe of time to us and to all of you. Ail we are requesting is that the City of Miami adheres to the South Florida Building Code wthicn staLes trtdt the Building DepartmenL should be directed by a building official and this person must be an engineer, an architect or a general contractor and LnaL's all we waui and Lhat's all we request. Tnank you. Mayor Suarez: Tnank you, sir. Mr. Bill de la Sierra: Honurable Mayor, City Commissioners, I'm Bill de la Sierra. I am a local contractor. I may add that I pull building permits in Hialeah, the City of Miami, Dade County, Broward County and many municipalities. I'm a director of Latin Builders Association, and the past presidenL of the Associated Builders and Contractors. I'm here before you today to express my personal views and those of many of the contractors whom I represenL. First, as was previously stated, the South Florida Building Code States that the Building Department shall be headed by a registered archlLeCi, engineer or a general contractor, not a firefighter. Second, something LnaL you may not know. The City's Fire Department is represented by a differenL union than the City employees, a condition that presents internal problems. one of those problems is exemplified by the fact that fire figncers are allowed to work overtime and are compensated by overtime pay, while the City employees in the Building Department are not. This creates unequal treatment of City personnel within the same department. I suggest to you LhaL City employees in the Building Department, by contract, do not have the same benefits as firefighters, thereby creating a feeling of second class citizenry within the present organization. I'm not here to cast any aspersion on, Chief Teems. In my opinion, he is d highly qualified well liked professional firefignLCr, and I commend him for nis contribution toward making the City of Miami's Fire Department second to none in the Country. I was a member of the committee Truly Burton mentioned earlier. I was. I did attend that first meeLing. The reason the COmmlLtee was setup is because many contractors who are responsible for pulling the City's... the building departments in the CiLy, were fed up with the way that the Building Department was being run. I have heard comments made that Lne reason for Lne Fire DeparcmenL's role since 1982 as head of the Building And Zoning Department, was caused by allegations of corruption on the part of the building inspeCLors and I suggest to you thdL the answer to chat is to fire and prosecute the perpetrators, not change the way the department is run. Gentlemen, we request that you vote to reinstate a separdte building and zoning department headed by a registered architect, engineer or I might add experienced general contractor, which we purport to be the correct and most efficient way to deal wiLn the City's building and zoning questions. I thank you for giving me the opportunity to express our views and I hope tnaL your collective wisdom will prevail on this issue. Thank you. Mayor Suarez: Thank you, Bill. Mr. James RusnfeldL: Mr. Mayor, and Commissioners, my name is James Rusnfeldt. I'm speaking today as a citizen of the CiLy of Miami and a property owner. I'm not a... I believe I will address the issue somewhat gl 11 February 27, 1986 differently than the previous speakers. I'm not representing any other group other than myself. Did I give you my aadress? Mayor Suarez: Yes. Please give it. Mr. Rusnfeldt: 694 Nortt►edst 76tn Street, Miami, Florida _J3136. Let me give you quick personal background so you know who is talking to you. I'm a Westpoint grdduate, served almost six years in active duty in the United States Army. I was honorably discharged. I reside here in Miami. I'm d local electrical co►)tractor and I also own property here in Miami. I'm speaking not as an electrical contractor predominantly, but as a property owner. One of the problems that the Miami and dll major cities have is low income housing and I nave photographs. Sir, I bougnt this property in 1979, the root leaked like a sift, the walls were falling down and I have made personal efforts to secure... to make the property nice. I'm proud of it. And it's low income housing Mr. Dawkins. I nave tied more problems with tree Fire Department than anything else, because they send inspectors to my property who can't read the Building Codes. I'm telling you, you can't imagine the frustrations that I nave when the inspectors come to my property, Mr. Teems's fire inspectors come to my property, they can't redd the South Florida Building Codes. They issue written violations and tell me to undertake a construction project. I had the property inspected by a licensed architect. I have a signed, sealed certificate certifying tndt my property complies with the law. Mr. Plummer: What's the address? Mr. Rushftldt: 694 Northeast 76ch Street. Mr. Plummer: Of this building? Mr. Rusnfeldt: Yes, sit. I live there too. There is no way to appeal. I have filed appeals with Mr. Odio, with the City Manager twice. The Manager won't hear my appeals. I nave no means of appeal. The Fire Code says I can appeal to the City Manager, but he says that my appeals aren't proper and I can't appeal. Your Bremen, your firemen waste the City's taxpayers dollars taking me to court. These dre summons. I go to court over and over. The architects are fighting the firemen. I'm the guy with the property, wnat am i supposed to do? The property is good property. It's great property. You need private investors. Wnere are you going to get private investors to invest money. You... Mr. Swire will give you two million dollars to avoid undertaking building low income properties. Not a single apartment in tndt building rents for over three hundred bucks. They range from two hundred twenty dollars to two hundred sixty dollars and I will tell you none of tnat was done with taxpayers dollars, it wds all done with private money. We pay 4 taxes to this City and haven't come to you ds a supplicant asking for ttaxpayers monies at all, and the Fire Department is driving us crazy. The professional architeCtS sealed certificacc saying it's good property and your firemen tries to take me to jail over and over again, wasting taxpayers 1 dollars. They teii you it's not broke, sir, it's... Mayor Suarez: OK. We got the basic point on that. Anything else, because your time is up. Mr. Rushfeldt: Yes, sir, one other point. Reorganization will not cost the City more money. Any time you nave organization that's proper and proper administration, it will save money. The stdtement that it will cost more to nave a separate department is not true. Thank you, gentlemen. Mayor Suarez: Thank you much for your testimony. Mr. Odio: Captain, I received your appeal, the Fire Code is very explicit: about what your violations are, and that's why I turned you down based on strictly the Fire Code. It has nothing to do with the building inspectors. I'm sorry, sir. I wisncd you had not brought this up today, but you are in violation of the Fire Code and we will keep pursuing that matter. I agree with you on the other mdcter. Mayor Suarez: Let me tell you something on that point and I'm not going t-) take an anti —administration position, but anything that the law grants you anri gl 12 February 27, 1986 the bureaucracy denies to you, I will make sure that you get. So, thank you, for your testimony. So, come to our office if you nerd. Mr. Xavier Cruz: Mr. Mayor, Commissioners, my name is Xavier Cruz. I'm the vice-president, president elect of the Florida South Chapter of the American Institute of Architects, with our oftices at ;1�0 Southwest 22nd Street. Mayor Suarez: Is there anything in your testimony that's going to be different from WhIL 's been said, other than the fact that your organization is on one side or the other? Mr. Cruz: No, there isn't. I will just... we are in favor of the separatlou of ttie Building and the Fire, and creating of the Building and Zoning Department and have as control within the hands of a professional that is educated in covering the entire building process. Thank you. Mayor Suarez: Thank you, sir. Sir, so we can finish this process, we are not going to argue this forever. Mr. Angel Saki: Mr. Mayor, City Commissioners, my name is Angel Saki. I am the president of the National Association of Cuban Architects. I nave a couple of points which have not been mentioned yet, and I would like to present them to you. The only reason why the Fire Department has been able to run the Building and Zoning Department in the City of Miami... Mayor Suarez: Let me just ask you a question. Do you participate or represent any of the other groups that nave spoken? s Mr. Saki: No. I represent the National Association of Cuban Architects solely. 4 i Mayor Suarez: Practicing here? Mr. Saki: I beg your pardon? Mayor Suarez: Practicing here? Mr. Saki: Practicing in Miami. We have about three hundred members practicing in the greater Miami area. Mayor Suarez: is there anything different from what the... are you in favor of this change? Mr. Saki: I am in favor and I nave a couple of points whicn nave not been brought. Mayor Suarez: OK. Please make them quickly. Mr. Saki: Number one point, is that the only reason why the Fire Department has been able to run the department that is under consideration today, Building and Zoning of the City of Miami, is because of the staff that has been carrying along all the processes. There is a number of qualified architects in the staff and other qualified people running the department. So, this is the only reason why tney have been able to run this department in the same manner that the Fire Department could run the Jackson Memorial Hospital or any other big enterprise, which had a large staff providing the services normally attributive to this practice. Mayor Suarez: Anything else other than that basic point, because we nave had that one. Right? Mr. Saki: There is one ocner point and which is, that the only professionals which have by training the knowledge, the expertise, technically, aesthetically, and in the legal aspects with all the knowledge of the different facet, in the construction process are the architects, are the only ones who have by studies in the universities, and in actual practice all this knowledge, the drehitects, and we would recommend that an arenitect be appointed to this post. Thank you. gl 13 February 27, 1986 P. Mayor Suarez: Thank you, sir. Now, on the opponents, can you just give me if you have any factuai rebuttal as opposed to another set of opinions, we nave heard every opinion you can possibly heat on this topic, but I think you wanted to make a factual rebuttal. Why don't you come up, sir. Mr. Alberto Gunzalez: Let me try to explain, my English is no good. My name is Alberto Gonzalez. Mayor Suarez: No, no, before you explain anything else, are you for or against, and or you with any of these groups? Mr. Gonzalez: No, no, I want to explain the situation, Mayor. OK. I got a business in the United States during twenty years. OK. I live in Miami in 3221 NOrLhWCSt 19tn Street... Mayor Suarez: Let me establish something. Mr. Gonzalez: ...and my business is in 3661 Northwest 49tn Street. Mayor Suarez: Let me establish something, sir, because we run the snow here, not you. And I'm going to ask you the question in Spanish. (IN SPANISH). Mr. Gonzalez: (IN SPANISH). Mayor Suarez: Ok. He says he is in favor of the change. (IN SPANISH). Mr. Gonzalez: (IN SPANISH). Mayor Suarez: There has been a lot of testimony already by the people who are in favor of this change. Why don't you consult with them to see if there is anything new that you can add, really, because at this point it's just getting repetitive. Let us near very quickly from this gentleman. Talk to Dr. Alonso, see if there is anything new that you can add, because we have reflected just about every possible argument in favor of it. Mr. Bloom: I just want to say that the gentleman Chat alluded to the fact _ that, Chief Teems, could explain a plumbing problem... that we go to Chief Teems for plumbing problems is just trying to blow smoke in this chamber, sir. _ When I said about going to, Chief Teems, its for administrative purposes and I think you intelligent Commissioners would understand we go to him for tnoc. I was speaking tnat we go the to inspectors, the plumbing inspectors, mechanical inspectors for our problems, not Chief Teems, and I would also, tell you that I am an infantry first sergeant and I was wounded in Normandy in World II. So, I thought maybe you would like to know that, sir. Mayor Suarez: Only thing you didn't give us was a serial number. That's... Dr. Alonso, is there anything that he would add, that has not been stated already? Dr. Alonso: No, no. Well, he wants to speak. Mr. Alberto Gonzalez: OK. Listen, I got a business for twenty years. When the Fire Department called me to my business for to try to collect money, they speak in Spanish. OK. I tried to speak in English for the people understand to me. I don't nave the la suerte in this big Country. My business is a family business. During the fifteen years ago, I got about six or seven family leave from your work in my business. During this time... Mayor Suarez: What is your business? Mr. Gonzalez: My business is to manufacture in railing. I don't work, to manufacture a lot of columns for the building. During this time, all my business is in the City of Miami. My customers live in cne City of Miami. Now, all my customers moved to other parts for construction. That is the reason that my business got only one employee in this moment, and I believe if... I talked with my customers and they explain to me that the situation in Miami for the construction is no... don't get the best opportunity. That is the reason. Mayor Suarez: Thank you, for your testimony, sir. Commissioners. Mr. Plummer: Mr. Mayor, at this time I move, I tnink, tnaL we close the public nearing. Ms. Kennedy: Second. l Mayor Suarez: Moved and seconded, any discussion from cne Commission on closing the public nearing? Commissioner Carollo? i Mr. Carollo: OK. Has everyone tidd the opportunity thdt wanted to speak to come out and speak? Mayor Suarez: We have certdinly made LhdL effort. Mr. Carollo: TndL's fiue. Mr. Plummer: And over and over and over. Mayor Suarez: And sligncly more. Call tue roil on that motion. THEREUPON a motion was duly introduced by Commissioner Plummer and seconded by Commissioner Kennedy, to close the public hearing on Item "A" and was passed and adopted by a unanimous vote. Mayor Suarez: I will entertain a motion one way or the otner on this ordinance. Mr. Plummer: Under discussion. Under discussion, Mr. Mayor. Mayor Suarez: Yes. Mr. Plummer: Mr. Mayor, for the record I will surrender this to the Clerk for the record. There are seventeen cities in the United States that have adopted the Building and Planning Department under the Fire Department. I don't remember the gentleman's name, but I want to tell him that I agree with him, and chat is chat it the system didn't work, you fire and you prosecute, and that's exactly what we did. We fired them and we prosecuted and we started d new system. Mr. Mayor, I agree with one point and let me set also, the record clear, because it bothered me. A statement was made that the South... that inferred we were in violation of the South Florida Building Code which calls for an engineer, an architect or a general contractor. For the record, I went to the Fire Chief or to Chiet Teems and I asked him, are we in violation and he informs me that we are not. That the Florida... South Florida Building Code says chat the person whu does chat interpreLation must be of one of those three qualifications and that he is not the one who does the interpretation, but Mr. ---Who? --- Mr. Ventura is the one and he is a general contractor. It bothered me tremendously that we could be in violation of cne South Florida Building Code. And aL this particular... excuse me. UNIDENTIFIED SPEAKER: An architect. Mr. Plummer: An architect. All right, I stand... he does qualify under that thing. Mr. Mayor, I will save my real talk at the next meeting which is the final vote, but at this particular time I have neard nothing to change my mind. If it works don't fix it. Thank you. Mayor Suarez: Thank you, Commissioner. Any other Commissioners? Mr. Dawkins: Mr. Mayor, I move that this be and since this is a first reading, there is a second reading, I move the Manager's recommendation. Mayor Suarez: So, moved. Do we have a second? Mr. Carollo: Second. Mayor Suarez: Seconded. Commissioner? Ms. Kennedy: Under discussion, Mr. Mayor. Let me just say tnaL there is a story of a department head who's brother was campaign manager for the former g1 15 February 27, 1986 mayor's opponent and there are those who say tndt the Building Department was abolished and placed under the jurisdiction of the Fire Department to prevent payoffs and bribes, that those who say also, that this was done for political j vengeance. I believe that this is the time now to change all that, and we must choose the department tnat is the most efficient and the most honest, and that's what we are here to do today. Mr. Plummer: Call the roll. Ms. Kennedy: If you want to call the roll, I think we are all ready. Mayor Suarez: I just want to add for myself that one group of individuals nas not been particularly considered and I will tell you very briefly an incident that I had with the employees of the Building and Zoning Depdrtmtkit, where they were having lunch someplace and I went up to them, they nad their Fire Department insignia on their uniforms and I went up and I said you nave got the finest department in the United States. You are great firefighters and they all looked at me like, well, we are not really firefighters. We are Building and Zoning Cmployee5, and I think that the employees of tnat department really would like to be in a department that is designated and nas the functions of that particulat technical field and it is a very technical field, .-td of course, I'm sure they will cooperate with the Fire Department. And I guarantee you tnat for my vote, and I'm going to vote in favor of the cnange, if there is any additional corruption or anything that indicates that anyone is taking advantage of tnis change, this Commission ---certainly I will always be willing to revisit this issue. You want to call the roll please. Ms. Hirai: It's an ordinance. Mayor Suarez: Oh, read the ordinance please. (AT THIS POINT THE CITY ATTORNEY READS THE ORDINANCE INTO THE RECORD, BY TITLE ` ONLY). Mr. Plummer: Excuse me, Mr. Mayor, that is not the ordinanLC I nave in front of me. S Mayor Suarez: Did you read the one dated February 19, 1986? Mr. Plummer: The one that was sent to me, sir. Ms. Kennedy: 9457. Mr. Dawkins: We sent you one in Spanish. I don't know why you can't read it. Mr. Plummer: Even in Spanish I could understand. Ms. Dougherty: The ordinance that's in your package is the old ordinance. It's the one that's in the City Code. The one that we passed out... M. Plummer: I'm sorry, the Charter says you shall nave a copy in front of each Commissioner available to the public dnd that wnicn this Commissioner has ' is... Mr. Clark: That's just a title for an outline that was not distributed as Mayor Suarez: Yes, that's a paraphrabing or the ordinance. Mr. Dawkins: You mean to tell me we went through an hour for nothing? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD). Mr. Plummer: When did that other ordinance come out. This is what was sent to me. Now, if it's something to the contrary... Ms. Dougherty: The date is February 27th when this ordinance was transmitted to you. That's toddy. Mr. Clark: There is only one ordinance and tnat was distributed today. #" 0 Mr. Plummer: Well, excuse me Bob, you look at it. OK. Mr. Clark: That's a title. It's just a title to give the outline. There is a S j memo that was attached to that. Mr. Plummer: No, sir. Yes, sir. Ok. Here is your memo and there is nothing I in there. Ms. Dougherty: This is the memo. It was distributed toddy. Mr. Odio: J. L., that's the memo. Mr. Plummer: Cesar, I am only stating for the record. Mr. Odio: OK. Mr. Plummer: OK. It is not the ordinancc I have in front of me. Ms. Dougherty: That's correct. It was not transmitted with your package. Mr. Plummer: That is correct. It was not transmitted in my package. OK. 1 Mr. Carollo: I think this is too important of an issue, if there is going to be any question, I u►ink it's just too important of an issue for it to challenged x legally later. Now,... Mr. Plummer: Joe, I have —excuse me, for the record, I have no problem with it being voted on. I made a promise to these people that I would not impede it. I am stating for the record, it is not the ordinance we have in front of g us. Mr. Carollo: Now, my concern is, is not you, J. L. I know you keep your word. My concern is,, and I want a legal opinion from the City Attorney. My concern is, if anyone else ouc there that's suppose to... might challenge it later on. Ms. Dougherty: Mr. Commissioner, this is just one of first...the first of two readings on this ordinance. It is not required to be presented to you, except for your five day rule. So, if Commissioner Plummer, wishes to invoke the five rules we could not vote on it today, other than that we can. Mr. Plummer: For the record, I nave no intention to invoke the rule. I made a promise to these people. I will keep my promise. Mayor Suarez: Is the paraphrasing that came with the agenda, is Gnat accurate? I mean, was that based on wnat the ordinance contains? Ms. Dougherty: All they did was attach the old ordinance, the old Code section in your agenda, it was not an ordinance that you could pass on first reading. So, we prepared an ordinance to be passed on first reading that accomplishes exactly what was in your agenda. Mayor Suarez: Is this the ordinance? We have a second reading wnicn will be scheduled for when, Madam City Attorney, where this matter could be revisited, if there was any problems with the wording of the ordinance the 27th of March. Commissioners? Mr. Dawkins: Mr. Mayor, at that meeting I would like for the present Chief and Mr. Teems to rebut some of the things that I heard. Such as ---if they can ---that professionals are not in that position, and I want them to address the issues that I heard the most, that I have not heard anybody say anything about toddy, is that because of the stringent way that the Fire Department worked, they had driven all of the contractors from Miami to Hialeah, and I would like to nave that addressed at the second reading, please. Mr. Carollo: Well, that mighc be one question, but then maybe It's because Hialeah is much more liberal than we are too. x gl 17 February 27, 1966 i Mr. Dawkins: You see, buL... and then it maybe d lie, Joe. Maybe nobody i thought..... Mayor Suarez: We have a motion and a second, any further discussion from the Commission. Please call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING ORDINANCE NO. 9457, ADOPTED JUNE 24, 1982 IN ITS ENTIRETY, AND AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THEREBY THAT THE NAME OF THE DEPARTMENT OF BUILDING AND ZONING INSPECTION THAT IS BEING RE-ESTABLISHED BY THIS ORDINANCE BE CHANGED TO THE DEPARTMENT OF BUILDING AND ZONING; FURTHER PROVIDING FOR THE ASSIGNMENT TO THE DEPARTMENT OF BUILDING AND ZONING OF ALL BUILDING AND ZONING INSPECTION FUNCTIONS WHICH ARE CURRENTLY ASSIGNED TO THE EXISTING DIVISION OF BUILDING AND ZONING INSPECTION, DEPARTMENT OF FIRE, s RESCUE AND INSPECTION SERVICES; FURTHER SETTING FORTH AMENDMENTS TO PROVISIONS OF CITY CODE SECTIONS 2-29, 2-70, 2-71, 2-72, 2-89 AND 19-50 WHICH WILL BE IN FORCE AND EFFECT UPON THE ADOPTION OF THIS ORDINANCE; REPEALING CITY CODE SECTION 2-73, IN ITS ENTIRETY, WHICH CODE SECTION HAD PROVIDED FOR A DIVISION OF TRADE STANDARDS; AND MORE PARTICULARLY AMENDING SAID CITY CODE BY AMENDING SECTIONS 2-74 AND 2-75 OF THE CITY CODE AS SAID SECTIONS WOULD HAVE EXISTED UPON THE { HEREIN REPEAL OF SAID ORDINANCE NO. 9457; FURTHER PROVIDING FOR THE TRANSFER TO THE DEPARTMENT OF BUILDING AND ZONING OF FUNDS, PERSONNEL, RECORDS, AND Y EQUIPMENT CURRENTLY BUDGETED IN THE DIVISION OF BUILDING AND ZONING INSPECTION OF THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Carolio and was passed on its first reading by title by the following Vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. Tne City Attorney read the ordinance into the public record and announced that copies were avaiiable to the members of the City Commission and to the public. ON ROLL CALL: j *Mr.Carollo: I vote "yes" for the same reason that I was the sole vote on this Commission some years ago that opposed cne original change to the Fire Department, but I think that the Zoning Department snould be separate. It should not be with the Fire Department, it snould nave been with the Planning i Department. Those are my reasons for voti«g "yes". I i gl 18 February 27, 1986 i Z. SPEECHES GIVEN BY CHILDREN OF THE GIBSON SPEAKERS PROGRAM (PRESENTED BY NANCY DAWKINS AND THELMA GIBSON) Mr. Dawkins: Before you leave, I got a treat for you. Sit down, sit down, we got a treat for you. Mr. Mayor, we nave with us this day... we tried to nave them this moruinb, and we have some of the participants in the Theodore R. Gibson, oratorical contest. Mrs. Dawkins, will you come forward? Mayor Suarez: Good to have you here, Nancy. Mrs. Nancy Dawkins: Thank you. Thanks to all of you. My name is Nancy Dawkins and I live aL 1385 Northwest 50tn Street. Mayor Suarez: Will you promise to take him away after you are finished? Mrs. Dawkins: I will leave him here with J. L. This afternoon we have with US some of Lhe Theodore R. Gibson oratorical contest winners that the City of Miami sponsors. I have with me the coordinators and I nave the wife of the late Commissioner Theodore R. Gibson. We will let Ms. Gibson say just a little to you as to how this contest started and some of the remarks thdt Father gave to me. Ms. Thelma Gibson: Thank you, very much. Mr. Mayor, Mr. Vice -Mayor, Honorable members of the Commission, I'm Thelma Gibson, 3661 Franklin Avenue, Coconut Grove. We are pleased to be able to come before you tnis afternoon, bringing some of the participants, because in 1977 when you first funded the contest it was called "Kwanza," and my late husband said that he did not want children dancing in the street and he didn't want you paying for that, and he wanted you to pay for young people to get a chance to see government in action and to nave young people prepare on programs and learn how to speak acid how to become a part of the system, and this afternoon we are pleased as we went around last week giving out the trophies that you so ... you paid for. We are not a festival now. We are a contest, and we want you to know tnat we felt that you should see these young people, because Dr. Beebee at Tucker Elementary was so happy that we are not only in the first grade through the six grade, but we are now going through the twelfth grade, and we have some kindergartners who are participating and this is truly an experience for them. We also have them participating, in the memorial dinner that we have in September, and I think that you will be happy to hear from the children from Tucker and West Little River Elementary. Mr. Dawkins: Mrs. Dawkins, there is d mike right there. Mrs. Dawkins: They are going to talk loud enough. They don't need the mike. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Traquesha Willis: Hello, ladies and gentlemen, my name is Traquesha Willis. I am in chc third grade at F. S. Tucker Elementary School. I shall recite for you today the "Negro" by Langston Hughes. "I am a Negro black as the night is black black. Black like the dust of my Africa. I nave been a slave, Cesar told me to keep his door steps clean. I brush the boots of Washington. I have been a worker. Under my hands the pyramids arose. I made a martyr for the Woolworth Building, I have been a singer all the way from Africa to Georgia. I carry my sorrow songs. I made ragtime. I've been a victim. The Belgians cut off my hand in the Congo. They lynch me now in Texas. I am a Negro, black as the night is black. Black like the dust of my Africa." Nawafa Hafidh: Hi, my name is Nawafa Hafidh. I'm from F. S. Tucker Elementary, and I'm in the third grade, and I shall recite for you "I Have A Dream" speech, by Dr. Martin Luther King, Jr. "I have a dream that one day this nation will rise up and live out the true meaning of its creed. We hold these truth, to be self-evident that all man are created equal. I have is dream that one day on the red hills of Georgia, sons of former slaves and former slave owners will be able to sit down together at the table of brutnernood. I have a dream that one day little Black boys and girls will be able to join hands with little White boys and girls as sisters and brothers. I have a dream that one day my four children will be able to live in a nation where they will not br judge by the color of their skin, but by the content of their character. I have a dream today." Alexander Perez: Hello, ladies and gentleman. My name is Alexander Perez, and I'm in F. S. Tucker in the second grade and I would like to recite for you "Little Brown Girl," written by Maude P. Newbold. "Littlt brown girl why don't you sit down, stop jumping and moving and running around. Your little old friend is going to grab you and that's just what ne is going to do. Little brown girl wny don't you sit down, stop jumping and moving and runnlug around." Carol 'Wilson: (COPaIENT INAUDIBLE, NOT USING THE MIKE). Allyossana Trejo: Hello, my name is Allyossana Trejo and I am from West Little River Elementary. I am in the fifth grade. I am going Lo recite to you "(IN SPANISH)." Thank you. Nerissa Jones: Hi, my name is Nerissa and I attend West Little River Elementary School, and I'm in the six grade. I would like to recite for you "Everybody But Me". "Dr. Martin Luther King, Jr. is probably the greatest American orator of the twentieth century, but more importantly he was a man who loved and served humanity. He used these outstanding qualities to help our powerful nation to improve it's we characteristic. That is America 1,1 the ability to Soften its heart when dealing with its people who art. different, like Jews, Blacks and Hispanics. I wasn't burn while Dr. King lived, but I feel as if I have know him. I have read about him and I have heard him on a record. I know that he fought so that Black people could enjoy S all the freedom promised in tht. Declaration of Independence and the Constitution. He wanted Black boys and girls to freely attend school with White boys and girls. This is one of his dreams that came true. I know because White kids attend my school, but I think Dr. King would be very upset � to know that even though our school is integrated and there are no racial problems, perhaps an even greater problem exist. The Black students don't } seem to nave the pride and determination to be somebody. They play around all the time, fight, use bad words and disrespect the teachers. They don't seem to know that they are hurting themselves. They won't be able to protect themselves from clever racist. They don't know that racist are watching and laughing and waiting for the chance to destroy them, but I know they are here. They are all around us and to them I say, you say you believe in democracy for s everybody, yes I know, for dogs and cats and others and everybody. Everybody but me. And high sounding words and oratory on Washington's and Lincoln's Birthday, you govt.rnmenc officials major and minor refuse.... our Country in all of her glory. How it was founded and will always be a haven of the free, and I'm sitting up tnere listening co you applaud and cheer witn all the rest, but I was one mighty surprised soul to see when it came to the test that you did need everybody. Everybody but me. Sure, I read all about iL in history books, how the founding fathers got together and wrote the declaration of independence, because they didn't want King George stepping on them, but even though I played a part in bringing it about, they left me out. They declared independence for everybody. Everybody but me. They also got together and wrote a Constitution and a Bill of Rights, saying tnaL everybody has certain rights and privileges being citizens and that everybody ought to nave a job and a house and an equal opportunity, but when I tried to get my job and a house, I was mighty sorry to find out they did medu everybody. Everybody but me. I went to church every Sunday being a pious person and I neard the preacher talking about neaven and rating milk and noney and wearing long wnite robes and I felt the spirit and snouted out, snouted out that I wanted to be in the number too, suddenly I looked up at Lne wall, saw that all the folks gathered around Jesus had straw blonde hair, sky blue eyes and there wasn't a brother among them. I knew again, thdc they did mean everybody. Everybody but me. Of course, as far back as I hear, talking about the Limes when they needed help in 'Nam', this is when they had a war and Lney sent out a call for everyone. They knew what to use me for. I found out they did mean everybody, including me. My father told me back in World War I they sent out a call for everyone, including me and we had to go and fight the Kaiser to keep the world free and safe for demucracy. When I got home I was hurt to find out that they did mean everybody. Everybody but me. Well, purring two and two together you, and I, can plainly see that the old folks up in Washington have never gi 20 February 27, 1986 been tnanking of you, and me. But here on I'm going Lo geL together with you and my sisters and brothers, Black and White, all over the country and over the world and we are going to put up a terrific fight until we win, and we will. Like the time we told Washington that to declare a national holiday in honor of Dr. King. It Look them years to admit we were right. Especially, you, Mr. Reagan, but you finally did and now young people like me have the opportuliity to pay tribute to this great American, at least, once a year. With Dr. King spirit among us justice will come and when we say peace and freedom for everyone, iL will mean everybody, everywhere. It will mean me, then together we will say "Free at last, free at last, thank God, almighty, we are free at last". Ms. Dawkins: Now, I'm going to ask the coordinators if Lhey would please come up. We have Mr. Richard Cook, who is one of the trainers for these students. We have Ms. Maude P. Newbold, who is Assistant Principal at Tucker and we nave Ms. Deluris Russell. These are responsible for coordinating this program and Mr. James Hunt, is the chairman and these are the coordinators. I'm merely the founder. Mr. Cook? Mr. James Cook: Thank you. Honorable Mayor, Vice -Mayor Dawkins, distinguished Commissioners, Platform Associates, ladies and gentlemen, isn't it strange that princesses and kings and clowns that caper in saw dust rings and common people like you and me are builders for eternity. Each is given a bag of tools, a shapeless mass and a book of rules, and each must make in our life as floinn, a stumbling block or a stepping stone. We thank you today for being a stepping stone in the lives of these young children. You nave made the dream come true. There is much more, of course, to be done and we look forward to your continued support. We cannot thank you enough today. I think you can see from the presentations of these young children who will be the future leaders, perhaps Mayors, Commissioners, what have you, that the job and the time that we have spent working with them was well spent. We volunteer time, and the children show their appreciation by putting in time themselves after class, before school, after school is over, and it pays off for all of US. I would like to leave you with the words of Edna Saint Vince Malay, who wrote, "The world stands out on either side, no wider than the heart is wide." I thank you today so very, very much on behalf of these kids and Lhei,r parents and the community at large, and I would like to leave with you our token of appreciation, a booklet that we put out about the cuntest, some historical background, pictures, some of the poems and the names of participants and locations of the contest. We would like to let you know at this time as well, that a supplement to this publication is in the making now and we hope that it will be available to all of you in June. Thank you, so very very much. Mr. Dawkins: I would also, like to say that this has grown so that it has now become apart of the Dade County School System, and City of Miami is no longer the sole sponsor of it, that the School Board is taking a part and they are going to take it through the schools, and the treat that I really wanted is not here. They have a Cuban kid that they have taught to speak in Black dialect and it's really a...and I'm sorry —and I will get him here at a meeting, because it's really comical and then it's good to know now they have trained each kid to do something. So, again, all because, Father Gibson, decided that he wanted to see youngsters participate, this has grown so that the School Board... Dr. Britton, has made it a part of the School Board and they nave eliminations and these kids will come through it. So, thank you, for taking the time to listen to them, and thank you, for bringing them. 3. DETERMINATION OF AMOUNT OF REQUIRED MIAMI GRAND PRIX RACE INSURANCE. Mayor Suarez: Thank you all. Commissioner Plummer, I know you want to tell us very briefly, because the City Attorney indicates that we must consider insurance requirements having to do with both the Grand Prix and Calle Ocno, events that will be held in the upcoming days and we've on an emergency basis ... Ms. Dougherty: Yes, sir, Mr. Mayor, as you know that the present contract requirements for Miami Grand Prix is a twenty million dollar liability policy. gl 21 February 27, 1986 This requirement was made prior to the State law change which limits the amount of liability butte to the City and to the promoter, upon making certain findings such as adequate insurance, and that was also before the tact that we had knowledge... before the knowledge that we had about the safety record of the promoter In the lasL three years, as well as an indemnity provision. At the present time, It is impossible for the promoter to purchase twenty million dollars worth of liability insurance, and it's prohibitive for cnu promoter to buy anything more than five millions dollars in liability insurance. The Mandger at this time has found tndt five million dollars liability insurance under the present circumstances is adequate. Because of the market value, because of the insurance market, because of the safety record, because of the indemnity provisions and also, the State law, we therefore, recommend that you pass the attached resolution that I'm about to hand out, which would do the following. One, revoke the present permit. Second, allow an amendment to the present contract, allowing the Manager to set the insurance requirements. Thirdly, accepting the Manager's finding of five million dollars as adequate, and fourth authorizing a new permit. Mr. Plummer: Mr. Mayor, there is a second portion after tnat one relating to Grand Prix, which I will explain to you or the City Attorney will. At sucn times, Mr. Mayor, that the Commission has had the time to look at this, 1 will be more than happy to offer it as a motion. Mayor Suarez: At the time this was brought co my attention I was concerned that It was at the very last moment, it seem to me that we found out about this Change in the contract versus what we are actually getting in insurance, and I had an occasion mystlf to speak with the principal promoter, and I'm satisfied Gnat he acted in good faith, but I really am concerned about having these last minute changes in insurance coverages. I'm disposed to go along with It to get this show on the road, but very concerned that in the future we be given a lot more advanced notice than this. Mr. Plummer: Mr. Mayor, I move the motioci. Ms. Kennedy: Second. Mr. Carollo: Second. Mayor Suarez: The resolution has been moved and seconded, and hearing no further discussion from the Commission, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-151 A RESOLUTION OF THE MIAMI CITY COMMISSION REVOKING THE PERMIT ISSUED BY THE CITY MANAGER ON FEBRUARY 13, 1986, TO MIAMI MOTORSPORTS, INC.; AUTHORIZING THE CITY MANAGER TO AMEND THE RESTATED LICENSE AGREEMENT TO ALLOW FOR THE DETERMINATION OF THE AMOUNTS OF REQUIRED MIAMI GRAND PRIX RACE INSURANCE TO BE ESTABLISHED BY THE CITY MANAGER; ACCEPTING THE CITY MANAGER'S FINDING THAT A MINIMUM FIVE MILLION DOLLAR LIABILITY INSURANCE POLICY TO BE PROVIDED BY MIAMI MOTORSPORTS, INC. TO THE CITY OF THE GRAND PRIX RACE HELD IN 1986 IS ADEQUATE AND AUTHORIZING THE CITY MANAGER TO ISSUE A PERMIT TO MIAMI MOTORSPORTS, INC. IN ACCORDANCE WITH SECTION 549.08 F.S.(1985). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, tht resolution was passed and adopted by the following vote- gl 22 February 27, 1986 FA AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4. DESIGNATION OF VENDOR LICENSES DURING THE GRAND PRIX EVENT. Mr. Plummer: Mr. Mayor, the second resolution ---as you know, the track moved and there was an ordinance prohibiting vending within eertdin distances, but it spelled out the actual streets and I would offer a resolution ratifying, confirming, and approving the City Manager's designation, pursuant to City Code Section 39-13, of certain areas of the City within which vendor licenses are not applicable between 7:00 A.M. and 7:00 P.M. on February 22nd, 23rd, and March 1st and 2nd, 1986 for the Miami Grand Prix events, which this in its intent is to do the same thing in the same boundaries as the old track. I so move. What? Mr. Mayor, I so move. Mayor Suarez: Do we need to have the resolution read? Do we need to have she resolution read? Mr. Plummer: I just read it. Mayor Suarez: OK. It's been moved, do we nave a second? Ms. Kennedy: Second. Mayor Suarez: It's been moved and seconded, nearing no further discussion from the Commission, please call the roll. The following resolution was intruduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-152 A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S DESIGNATION PURSUANT TO CITY CODE SECTION 39-13, OF CERTAIN AREAS OF THE CITY WITHIN WHICH VENDOR LICENSES ARE NOT APPLICABLE BETWEEN 7:00 A.M. AND 7:00 P.M. ON FEBRUARY 22-23, AND MARCH 1-2, 1986 FOR THE MIAMI GRAND PRIX EVENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. gl 23 February 27, 1986 Mr. Plummer: Mr. Mayor, may I report very briefly to you,sir, Chet it was my pleasure this morning to participate in the "Today" program, which from the track this morning gave twelve minutes of nationwide live coverage to Miami and the Grand Prix. 5. EMERGENCY ORDINANCE: CITY MANAGER TO ISSUE FIREWORKS PERMITS Mr. Plummer: Mr. Mayor, the second issue before us today is in fact, the same kind of issue. Calle... Mr. Dawkins: Move it. Mr. Plummer: Calle Oeno is required under the ordinance to present one million dollars in liability. They cannot buy one million. The best tnat they can buy is five hundred thousand, and "B" portion of tndt is a waiver from 9:00 until midnight at which time the fireworks will commence. City Attorney has an ordinance prepared to change that also. Ms. Kennedy: Second. Mayor Suarez: It's been moved and seconded, nearing no furtner discussion from the Commission, please call the roll. Mr. Plummer: No, no, let her read the ordinance. Ms. Dougherty: Mr. Mayor, this is... Mayor Suarez: It's an ordinance? s Ms. Dougherty: We are going to offer an ordinance that would change the requirements of the insurance to be set by the City Manager on a case by case basis. (AT THIS POINT CHIEF DEPUTY CITY ATTORNEY BOB CLARK READS THE TITLE OF THE ORDINANCE ONLY INTO THE RECORD) AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SUBSECTION (b) OF SECTION 19-185 ENTITLED; "BOND AND RESPONSIBILITY FOR FIREWORKS DISPLAY REQUIRED" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE THAT THE CITY MANAGER INSTEAD OF THE DIRECTOR OF THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT MAKE THE DETERMINATION AS TO THE AMOUNT, CHARACTER AND FORM OF THE PROOF OF THE FINANCIAL RESPONSIBILITY NECESSARY FOR THE PROTECTION OF THE PUBLIC BEFORE THE ISSUANCE OF ANY PERMIT FOR A PYROTECHNIC DISPLAY IN THE CITY; FURTHER REQUIRING THAT THE CITY OF MIAMI BE A NAMED - INSURED IN ANY POLICY OF LIABILITY INSURANCE THE CITY MANAGER MAY REQUIRE BEFORE SUCH PERMIT IS ISSUED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote- gl 24 February 27, 1986 t AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins i Mayor Xavier L. Suarez NOES: None. a ABSENT: None. Whereupon L;Ie Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo i Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy { Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. 3 ABSENT: None. i SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10082. i The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission dnd to the public. Mr. Plummer: The Manager would like to announce, that it's now in his power. I think he wants ten million. Mr. Odio: Ten million dollars. _ Mayor Suarez: Thank you, Commissioner. 3 j 6. FUNDS TO STABILIZE THE SHORELINE. i Mayor Suarez: Can we move on to Item "B" Mr. City Manager. Mr. Odio: Item "B". Mayor Suarez: Let's quickly go through these if we can. Mr. Odio: Item "B" please. Mr. Odio: There is people waiting on a 3:00 public hearing. Mr. Dawkins: Move it. What's the recommendation of the administration? Mr. Manager, what's your recommendation? Mr. Odio: That we are able to apply for this grant, that we have the matching funds as a grant for a hundred eighty-five thousand dollars, and we needed to bring this up today because we don't have anymore time. Mr. Dawkins: You don't have the 50/50 to match it? Mr. Odio: Yes, sir, we do. Mr. Dawkins: So, you recommend it? Mr. Odio: I recommend it, sir. Mr. Dawkins: Move it. Mayor Suarez: Moved, do we have a second? gl 25 February 27, 1986 Mr. Plummer: Second. Mayor Suarez: Moved and seconded, any Curtner discussion from the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-153 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH A REQUEST FOR FUNDS FROM THE FLORIDA INLAND NAVIGATION DISTRICT TO STABILIZE THE SHORELINE OF CITY OWNED PROPERTY AT THREE LOCATIONS ALONG THE MIAMI RIVER AND ONE LOCATION ON BISCAYNE BAY ON A MAXIMUM 50/50 MATCHING FUND BASIS; AGREEING TO ABIDE BY CERTAIN CRITERIA SET FORTH BY THE FLORIDA INLAND NAVIGATION DISTRICT BOARD OF COMMISSIONERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy *NOTE: Although absent at roll call, Commissioner Carollo later ask the City Clerk to be shown as voting witn the motion. 7. DISCUSSION AND TEMPORARY DEFERRAL OF CIVIL SERVICE BOARD APPOINTMENTS. (See label #17) Mayor Suarez: Agenda item "C". Mr. Dawkins: I recommend George Adams. Mr. Plummer: "C"? Mayor Suarez: The appointment of two members of the Civil Service Board. Mr. Plummer: Who has the other appointment? I have made mine. I recommended, and as I know, it was approved, it was Jerry Silverman. Mr. Dawkins: So that left two, and I said, George Adams, and either Mrs. Kennedy or Mayor Suarez is going to come up with the other one, I guess. The next one should be someone to replace Mrs. Kennedy, who resigned to run for the Commission, and won. Mr. Plummer: Excuse me Commissioner. Mr. Dawkins: Yes. Mr. Plummer: Commissioner Dawkins, Commissioner Carollo made a nomination, and I thought it was approved! Mr. Dawkins: No. Commissioner Plummer, Commissioner Carollo made a nomination, and I made a nomination, and rather than to get into an argument, we withdrew it, to bring it back next time. gl 26 February 27, 1986 S Mr. Plummer: On, OK, I am sorry. I stand corrected. Mrs. Kennedy: Who are we nominating today? Mr. Dawkins: There are two to be nominated. Plummer nominated the chairman to remain... Mr. Plummer: Jerry Silverman. Mr. Dawkins: ... and today I nominate George Adams, and I don't know what else is happening after that. I had the pleasure and the honor to serve under Mr. Silverman and ... on, you nominated him? Never mind, scratch that out. Mr. Dawkins: That was done last time. Mayor Suarez: So we have two nominations for two positions, is that correct, Madam City Clerk? Ms. Hirai: Mr. Lugones.... Mrs. Kennedy: Mr. Carollo, it was wy understanding that you were going to nominate Ms. Ella Hadley? Mr. Carollo: That is correct. My understanding, though, from what I have heard is, that she is grateful, but she does not want to participate. Tnat is what I understood. I hadn't been able to speak to her personally. Mayor Suarez: Well, we've got a situation where we don't have as many as one appointment per Commissioner, so we ought to be mindful of that! Mr. Carollo: What I'd like to find out from the Administration, who are the two members that the employees have appointed? Mr. Richard Kinne: A. G. Sherman, and Ray Penland. Mr. Carollo: You have got Penland and Sherman, and we are nominating... do we actually have two, or three positions? Mr. Plummer: I don't know now many are vacant, Joe, whether there art two vacant. There is only two vacant. Mr. Carollo: Well, who are the two that arc vacdnL? Mr. Plummer: Well, see, Jerry Silverman... well, OK, but I reappointed Jerry. Mr. Carollo: There are two then - two positions, not counting Jerry's. Mr. Kinne: Right. Mr. Carollo: Is that correct? Mr. Kinne: Right. You had Rosario Kennedy's seat, and Mrs. Hadley's seat. Mr. Carollo: Not counting... Mr. Plummer: She stays on? Her appointment is not up? Mr. Kinnc: No, they are all up. Mr. Plummer: On, all three. Mr. Carollo: No, there are just two up. Tne two that are up are the vacancy y that was left when Rosario was on the Board, and Mrs. Hadley's position. Mr. Kinne: That's correct. Mr. Plummer: I appointed Jerry to that vacancy, which was designated to me. Mr. Carollo: No, again, my understanding is that Jerry is on already. gl 27 February 27, 1986 Mr. Plummer: No, his term expired also, the same, in January. Mr. Kinne: At the last meeting, J. L. Plummer appointed Jerry Silverman, so we could have a quorum, and continue the Civil Service Board. Now you only have two... Mayor Suarez: We nominated Mr. Silverman - I believe we voted because of the quorum problem. Mr. Kinne: Now you only have two positions left that are open. Mayor Suarez: We still have two leis? Mr. Kinne: Yes, sir. Mrs. Kennedy: And it is really imperative, because I am reading the backup material. They have pending 27 hearings for the Civil Service Board, and they really cannot operate until we nominate these people. Mayor Suarez: How many total appointments does this Commission get to appoint? Mr. Plummer: Three. Mayor Suarez: So we can never go by a rule of each Commissioner having one? Mr. Plummer: No. Mayor Suarez: All right. So we have one nomination at tnis point? Yes, we have one nomination, which is George Adams? Mrs. Kennedy: I'd like to nominate Mr. Alan Goodman. Mayor Suarez: I think that is Alvin Goodman, the attorney. Mr. Carollo: I have another nomination, if you can just hold on. Mayor Suarez: Why don't we hold on for whatever period of time we need to have those nominations completed, and in the meantime go on to the next item. We have plenty of time to get back to that. 8. PAYMENT OF ATTORNEYS' FEES INCURRED FOR DEFENSE OF LUIS ALVAREZ, POLICE OFFICER, CRIMINAL PROCEEDINGS. Mayor Suarez: Item "D". Mrs. Dougherty: Yes, sir, Mr. Commissioners and Mr. Mayor, this is my item, and as you may recall, some time ago, the attorneys for Luis Alvarez wrote us a letter and ask for $312,000, for the representation of Mr. Alvarez in connection with his criminal case. You asked me two things, whether or not we had to pay the money, and secondly, whether or not chat was a reasonable fee. My advice to you was, that it is totally within your discretion, under statute, whether or not you pay the fee at all, and secondly, my recommendation is a reasonable fee in this sort of service, is $205,000, and not $312,000. This is based on an hourly billing race of $125 an hour for the senior partner, and $75 an hour for the junior partner. Again, it is a policy question for you to decide and whether or not, and that policy question really narrows down to whether or not you are going to support your police officers when they are wrongly accused by the state in a criminal action, particularly when the administrative acts by the Department do not substantiate, particularly in the D.D.R.B., at least one of the allegations, and the other ones are pretty nonsignificant. You should know that I have secured a resignation signed this date. It is being held in escrow by the attorneys for Mr. Alvarez, and I have also resolved other outstanding issues, such as the workmen's compensation plan, and other City benefits, if that is what you care to do, in connection with this item, he is willing to resign this date. gl 28 February 27, 1986 4 4 Mr. Dawkins: Madam City Attorney. Mrs. Dougherty: Yes, sir. Mr. Dawkins: I have no problems with any workmen's compensation, and any personal agreement between you and Mr. Alvarez, but what makes the City of Miami liable for Mr. Alvarez' legal fees, when the Fraternal Order of Police decided that he needed a lawyer, and the Fraternal Order of Police went and got him a lawyer, and the Fraternal Order of Police had the lawyer defend him, so if anybody is liable for the legal services, it is the Fraternal Order of Police, and not the City of Miami. So, can you tell me why the City of Miami is liable instead of somebody else? Anybody. Mrs. Dougherty: Mr. Commissioner, as I said earlier, it is totally within your discretion. You are not liable to pay the fees. This is a policy decision for you to make. Mr. Dawkins: Wait a minute, wait a minute now. We are not liable? Mrs. Dougherty: You are not liable. Mr. Dawkins: Well then, why are we giving $200,000 away? Mrs. Dougherty: Mr. Commissioner, by statute, the state law provides that in the instance when an officer is acquitted from a criminal charge... Mr. Dawkins: No, wait a minute. You are throwing me a curve. First, you say, I am not liable. Then you tell me by SLeLULe, I am liable. Mrs. Dougherty: I am not telling you you are liable. I am saying the staLute gives you the discretion, whether or not you can pay it, or not pay it. You don't have to... Mr. Dawkins: OK, so in other words, the statute let's me give away $205,000 Of the caxpayer's dollars. Is that what you telling me. Mrs. Dougherty: That is correcL. Mr. Dawkins: Thank you. I vote "no". Mayor Suarez: Madam City Attorney, now discretionary is really? Suppose we were to, without any consideration, just deny it any payment, would that subject us to a lawsuit? I mean, when you say it is discretionary, I mean, is it absolutely discretionary? i f Mrs. Dougherty: I am sure that we would have a lawsuit. It is my view that i we would win. Mayor Suarez: I see. And the idea is to give us discretion to pay legal fees to an employee of the City, who was sumenow within the scope of his employmtnc, is involved in activity deemed criminal, and is exonerated later by the courts, as much as we may dislike whatever activity, or whatever result of that activity may be. 3 Mrs. Dougherty: That is correct, but this statuLC specifically is applied to police officers. i Mayor Suarez: Oh, it is only for police officers? Mrs. Dougherty: Yes. # Mr. Plummer: Well, you know, I've got to voice an opinion, Mr. Mayor. My feeling is, that I think that there is absolutely something wrong with the system, in which, whether the man, I am not speaking to this particular case j of Mr. Alvarez, but a system in which a man can be indicted, stand trial, found innocent, and the person who points the finger and indicts, is not a responsible for picking up the fees of that individual, which ne had to spend to defend "himself. I chink that is absolutely wrong. If the State of Florida pointed the finger, they prosecuted, and found innocent an individual, it would seem logical to me that the State of Florida should nave to pick up the tab, because they were wrong, and I. am not speaking to this individual case, gl 29 February 27, 1986 and I would hope that this Commission could get a change in the state legislature, making them just as responsible for payment, as they are responsible to prosecute. I think that is only lair. How many people can afford $200,000 to defend themselves in court. I think there is a second issue, and I relate tnis, not to this case in particular, again, but tnat to a person in business, and that is, you as an employer have certain responsibilities to your employees, and the acts which they commit, when they are in fact, in your employ; and as such, it is an obligation of the employer to take care of nts employee, and I think in this particular case, I am not speaking, and I am voting for that which is recommended, but I want to make the record clear, it is not under any pretense, threat, or other thing that an individual has to resign. It is that that is what I feel is the obligation of an employer to an employee, that that situation has to be paid, because it is unfortunate, it is not picked up the tab, by those who pointed the finger originally. I just had to say that on the record. Mr. Dawkins: And I must say this. I have no problems at all with the individual being treated fair and just, but again, I must say, that the lawyer who defended him must have known where he was going to get his money from, and if the lawyer didn't know where he was going to get his money from, he should not have participated, and just because everybody thinks the City of Miami has got a pot of money, and when they come to the City of Miami, the Commissioners roll over and play dead, it is about time that somewhere along the line, you realize that you have got six...now many lawyers do you have, Madam City Attorney? How many lawyers on your staff? Mrs. Dougherty: 18 or 19. Mr. Dawkins: We have got 18 lawyers that you pay by the day, who could go to court - 18 days, and you nave a different lawyer on the 19tt► day! So, somewhere along the line, these lawyers should earn their money! So, and if you go to court, and you lose, that is what courts are for, but don't every time somebody comes to the City Commission and say, "We are going to sue," you roll over and play dead. Now, I am only one vote up here, and I personally will be voting no, because I do not think that the City of Miami, even though the gentlemen was employed, and he made an error in the line of duty, somewhere along the line somebody else goofed - Howard Gary, I don't care who it is, but he either should have been put back to work, or he should have been fired! Somebody goofed. I don't know who, and I am not going to say who, so therefore, the man is entitled to what he can get personally for himself, because he was not terminated, and he was not put back to work. So, he is due something for agony, or what have you. I have no problem with that, but I nave got d serious problem with paying some lawyers $200,000. Mr. Plummer: Let me, if I may, clarify the records, because I had the same concern as Commission Dawkins - why didn't we do it in-house? I was intormed by the City Attorney that we do defend employees in civil cases. We are not within our scope to defend employees in criminal cases. Mr. Carollo: Yes, I think that... Mrs. Kennedy: Let me also say that I'm sorry, Joe, go ahead I don't like it. I think a police officer is somebody very, very special. He is somebody that we should look up to, and the fact that Mr. Alvarez was exonerated from any criminal wrongdoing, does not mean that he is fit to be a police officer, but because he was acquitted, I think that we should pay for his legal fees, not because of Mr. Alvarez, but because we will be sending a message to all of our other officers, that this City will stand by those who are charged and acquitted of crimes while in office. I think that we should pay, get this over with, and forget ali the horrendous incidents of 1982. Mr. Carollo: My opinion is simply that this incident has hurt this community for a tremendous long time. I think it is about time that we put it to rest once and for all, put is in our past. At the same time, I feel tnat if a police officer, in the line of duty is accused, and then found innocent in the courts of law, then its employer, in this case, the City of Miami, nas an Obligation to back that officer. Now, what is going to happen is, you are going to be telling over 1,000 men and women that work for the City as police officers, that "Hey, you are on your own out there! It you fall into any legal problems, you are on your own." And in this case, I think the courts spoke. There are some that might not like the decision of the courts, some that might agree with it. The bottom line is that we nave a responsibility, gl 30 February 27, 1986 and we nave to end this once and for all. At this point, I would like to present a motion that we approve the request that is before us today. Mrs. Kennedy: Second. Mayor Suarez: It is moved and seconded. Any further discussion from the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 86-154 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO THE LAW FIRM OF BLACK S FURCI ON BEHALF OF THE FRATERNAL ORDER OF POLICE THE SUM OF $205,750.00 AS COMPLETE AND TOTAL PAYMENT OF ATTORNEYS' FEES AND COSTS INCURRED FOR DEFENSE OF LUIS ALVAREZ IN A CRIMINAL PROCEEDING ARISING OUT OF THE PERFORMANCE OF HIS DUTY AS A CITY OF MIAMI POLICE OFFICER. (Here follows body of resolution, Omitted here and on file in the Office of the City Clerk.) Upon bring seconded by Commissioner Kennedy, the resolution wds passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins i t ABSENT: None. ON ROLL CALL: Mayor Suarez: "Yes I just want to say, as a clarification for the record, that I am generally against granting lawyers fees of this magnitude, but unfortunately, the courts are awarding them so many cases, that I know that just about any court would uphold it on that particular point. As to the rest of the merits of this settlement, I have spoken on that already. i . . .......... . f 1 9. SECOND READING ORDINANCE: SCRIVENER'S ERROR IN ZONING ATLAS, APPROXIMATELY 1501 S.W. 2 AVENUE. I Mayor Suarez: We go on the Item 1, of the Planning and Zoning agenda. Let's proceed with item 1 through 11 on 3:00 o'clock. Mr. Rodriguez: Item 1 is the second reading of correction for scrivener's error. The mistake was made sometime ago. Mr. Plummer: Move it. Mrs. Kennedy: Second. Mayor Suarez: It has been moved and seconded. Any further discussion from the Commission? Hearing none, please call the roll. gl 31. February 27, 1986 AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CORRECTING A SCRIVENER"S ERROR AFFECTING PROPERTY LOCATED AT APPROXIMATELY 1501 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY DELETING THE MISTAKEN REFERENCE TO SAID PROPERTY CONTAINED IN ORDINANCE NO. 9999, MAY 23, 1985; AND CONFIRMING ITS REZONING FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/5 RESIDENTIAL -OFFICE MADE BY ORDINANCE NO. 9998 ON MAY 23, 1985; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the was taken up fur its second and final reading motion of Commissioner Plummer, seconded by Ordinance was thereupon given its second and final and adopted by the following vote - AYES: Commissioner Joe Carollo* Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. *NOTE: Although absent at roll call, City Clerk to be shown as voting with THE ORDINANCE WAS DESIGNATEr ORDINANCE meeting of January 23, 1986, by title and adoption. On Commissioner Kennedy, the reading by title and passed Commissioner the motion. NO. 10083. Carollo later asked of one The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. i 10. ALLOW OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUARTERS AT 960 N.E. 78 STREET (BELLE MEADE) - PUBLIC SPEAKERS. l E i Mayor Suarez: Item 2 is an appeal by objectors. Mr. Guillermo Olmedillo: It is review, continuous of approval by Zoning board action of October 21, 1985, to use the houseboat as a dwelling unit, in connection with a vacant site. In the meeting of January 23rd, the City Commission deferred action on the appeal pending the reading of the minutes. I believe the City Attorney has an interpretation of Gnat, because there was a question as to whether they could go back co the original decision, or only the review of the final decision, or the last decision. 7 4 Mayor Suarez: Yes, we nave two inputs that we need on this - one is specific to this item, having to do with that opinion from the City Attorney, as to what exactly we can review today, and the Omer item was my request, more of a generic nature, as to what we can do about these houseboats that seem to be springing up all over the City, so that citizens don't nave to constantly keep coming here to oppose any of these zoning exceptions, and we have a memo from the City Manager on that particular point, which I would like co tell all j of you who are here about, but please give us a legal opinion on it. What exactly can ... can we delve iato the merits or this issue today? Mrs. Dougherty: Mr. Mayor, I am of the same opinion I had last Commission meeting. I nave reviewed the appeal by the objectors, which was given to me this morning, and it is a very, very well thought out appeal and a brief; gl 32 February 27, 1986 however, after reviewing the record, I still believe tnaL what happened aL the Zoning Commission a year ago, was that they approved the special exception, subject to a review of the condiLions at the property. That is what came before the Zoning Board this year, and that is what is before you today, is whether or not they complied with the cleaning up and mainLenance of the property. Mayor Suarez: Did we get any transcript of what exactly took place? Mrs. Dougherty: Yes, sir, and it was attached to the appellants... Mayor Suarez: Do you have any porLion of the wording you could read to us as to exactly what conditions were imposed before? Mrs. Dougherty: I will nave to look at the Planning Department for tnaL, however, I will snow you the... Mayor Suarez: But it is your interpretation tnaL they reflect what? ... or that they stand fur what? — Mrs. Dougherty: It is a general maintenance and condition of the property. I will have to look at the Planning Department for that - however, as to what item, or what action, the Zoning Board took at that time, the Clerk reiterated the motion, and the motion was - We have a motion to grant items which was a number two.special exception, with a six month pruvision to obtain a building permit, and to review within six months after the C.O., and that review dealt with the conditions and the maintenance of the property. Mr. Plummer: Mr. Mayor, may I go on the record, because obviously some people were misunderstood at the last meeting. I want to SLaLe on the record t once again, that if there is any way that I can vote legally to remove that houseboat, I will. I want that to be made very clear. It was my understanding at the last hearing that, that was not within our purview and that is why it was deferred to come out with the legalities. I state again for the record, if there is any way within of the purview of this Commission today to remove chat house vote, I will vote yes. I don't chink I can make it any clearer than that! : Mr. Dawkins: Mr. Mayor, and Commissioners. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I nave a copy of the transcript. The last Lime, everyone seems to have been confused as to what was voted on. Now, Mr. Koppen, I have here, on page 59 of the transcript, and it reads, Mr. Koppen, Dan Koppen, and you said, sir, according to this, as to the motion itself ... OK, you said: As to the motion itself, so that we understand wnat the standard will be for judgment purposes, if in fact, this motion is passed, are we to understand that a year from the day as a maximum period of time, would a year from the day that we will come back, and this body will make a determination as to whether or not she has substantially complied with the site plan that is delivered to you, and if, in fact, that site plan has not been substantially complied with, performed, that is in fact, it would be presumed that the determination of this body, as of a condition of the C.O., would then be revoked." You understood from the beginning, sir, or whoever Mr. Koppen is, you understood from the beginning, sir, and it is here in writing. (INAUDIBLE BACKGROUND COMMENTS) Mr. Dawkins: Yes, sir. Come in ... and do something if it is wrong. Mr. Suarez: Let the counsel for the appellanc's, state nis name for the record, and tell us your position, counselor. Mr. Dan Koppen: It is Dan Koppen, 7900 N.E. 2nd Avenue, in Suite 605, Miami, Florida. I am here to speak to you today on behalf of the opponents, Belle Meade Island Homeowners Association. The matter was brought up initially w befort you at the January 23rd hearing, at which time the issue was raised as to scope of the review for this body, and you, Mr. Mayor, suggested, if in gl 33 February 27, 1986 T fact, it was a transcript, you would be pleased to review that transcript, so that you could make a determination as to what the purview of the review should be. We have taken the opportunity to prepare the transcript, and Mr. Dawkins has read a portion of that transcript, and I have written a brief, and I don't presume that you can read all that everyone sends to you, so what I would like to do today... Mayor Suarez: Do you have any wording that would tend to contradict what is stated there? Mr. Koppen: I have quite a big of wording. Mayor Suarez: Could you give us the highlights of it, counselor? Mr. Koppen: I can read it to you expressly on page 27, and this is from the board member, and I would ask that you look at page 27 of the transcript, and I just don't think that there is any way that you could read it any different than the expressed language set forth therein. Mayor Suarez: We have so many transcripts and so many paginations. Which one are you referring to, and which page - the page numbers on the bottom, or Mr. Koppen: The page number on the right hand corner, and it is a transcript of July 16tn. Mayor Suarez: Who is the court reporter? Mr. Koppen: Friedman and Lombardy would have been used. Mayor Suarez: And you are reading from page 20? Mr. Koppen: Under where it says board member. i , Mayor Suarez: Right. i Mr. Dawkins: On page 27? Mr. Koppen: Please, sir, and Commissioner Dawkins, I will get into your comment there in a minute, and you will see that it fits. s Mr. Dawkins: Are you using the top number or the bottom number? Mr. Koppen: Top number, top right hand side of page, sir. Mr. Dawkins: Board member - go ahead. Mr. Koppen: I'll just give you a moment, if you would read it, and then I will go through it with you. Mayor Suarez: Seems to be an imposition that this constitutes an improvement. Is that where you are going to hinge your argument on? Mr. Koppen: Tnat is exactly right. What they determined at that hearing, and the motion itself, as set forth at the bottom of page 23, and all it says is "unknown speaker," which was a member of the board - "I move the request for agenda item 2 be granted for a period of six months, in which we will review it." That is all it says, and it didn't say we will review it for mainte- nance... Mayor Suarez: You might as well add the next phrase there, I don't know how to word it. Mr. Koppen: That's right, and frankly, if you will read from page... Mayor Suarez: Doesn't give us the kind of guys we would like to nave on this Commission, does it? Mr. Koppen: it will. It will, because pdge 23 on, what I am trying to avoid, is to read every word from page 23 on, but if you want to read it, I am most pleased to have you do so. But, what they attempted to do, is to stay a determination on this matter, because the proponent had suggested that if she gl 34 February 27, 1986 i d would maintain the property, if she would comply with the site plan, that _ would the property would be improved to the extent that the neighbors would be in agreement with the improvement, they would suggest that it had improved the area, hence the opposition would dissipate and disappear, and the tough s decision that would be... have to be made by the board wouldn't be made, so what... — Mayor Suarez: The only problem that I have with the argument, is that every single place that we have read from transcripts, you have a reference made to a C.O. How can you reconcile the obtaining of a C.O. with the simple concept that we are just going to give them a few months to improve the property, and later, we will see if the property, in fact, has been improved. Mr. Koppen: You will find that the C.O. has never been granted because it is not the typo of situation when you can't even get a C.O. Mayor Suarez: It seems like the C.O. would be pertinent, wouldn't it? Mr. Koppen: You can't get a C.O. on a houseboat, and you will find tnat she was never given a C.O., but I think even a building permit, is what she, was given at the end. But, the semantics of it, sir, was that at the beginning, we didn't know the difference. The Zoning Board didn't know, and they talked in terms of C.O.'s, but that is not the significance. The significance was tnat they said you have got six months in which to get the building permit, the C.O., get your plumbing, get your electrical, get the things necessary, and then you have got an additional six months to improve the property. We will then give the neighbors the opportunity to come back, and to voice their opinion as to whether or not that effort on your part constitutes an improve- ment. Now, you voiced an opinion as to the comments by me at that hearing, and that is a rightful comment and it is expressly as I said, but, what the Mayor Suarez: How is it not an improvement, what has been done on this property? Mr. Koppen: We don't know if it is or not. All we are suggesting to you is that they have the right to comment to you as to whether or not it is. I am not... Mayor Suarez: Well, if we could assume for a moment that we could get into ? the merits of whether it was an improvement or not, can you tell us anything to enlighten us as to whether it was an improvement or not? i Mr. Koppen: That is what the affected homeowners are here to do. Mayor Suarez: We are going to give them a chance to say, you know, whether I they think it is an improvement, or not. Mr. Koppen: That is all we ask. We ask whether or not it is an improvement. Mr. Dawkins: But, Mr. Mayor. Mayor Suarez: Commissioner. Mr. Dawkins: Madam City Attorney, correct me if I am wrong. I am like J. L. Y Y� t If you tell me that I can legally request that the boat be moved, I will do that, but I think you have told me that the only thing that this Commission can review is what the Zoning Board heard, and they heard was that did she meet the time restraints to remove the conditional and get a permanent C.O. Is that right or wrong? Mrs. Dougherty: Yes, you are correct. You must review the Zoning Board's action in proving the conditions and the maintenance out there were in compliance with the site plan and whatever they reviewed at that time. Mr. Dawkins: So, if we hear anything else, it is irrelevant, and not to the point. Is that correct? Mrs. Dougherty: That is correct. Mr. Koppen: Mr. Commissioner, I have no problem with that, but the things... gl 35 February 27, 1986 f Mr. Dawkins: But, see, I don't pay you to advise me. I pay her, Ok, and if we go to court, I have to go on the strength of what the attorney says. ? Mr. Koppen: This is an explanation, not advice, sir. That is all I am trying to get across, is the opportunity to have our position at least known. Whether or not it is agreed, is of course something within g , , g your discretion. The portion that you read dealt with the site plan. It dealt with a site plan which has nothing to do... Mr. Dawkins: See, you are going over, sir, the same tning. I am telling you that the only thing that we can refer to is what the City Attorney told us, regardless of what you read, or what I read, the City Attorney is telling me what is legally before us. Mr. Koppen: Well, I was... Mr. Dawkins: So, when you and I discuss wtiat is in here, she is saying that, that is off the point right now. Mr. Koppen: I'll asked the City Attorney to look to the records, i.e., the { transcript, and to tell us what particular portion of the transcript supports her position. If, in fact, it is that clear, then I shall sit down, it will go no further. That is why we have the transcript. She can do it. I remain silent, but it is not there. Mr. Dawkins: Well, if she doesn't do it, then we have co end up in court. Mr. Koppen: If any opinion is expressed, there is a basis for chat opinion. Mr. Dawkins: But, that is her opinion, just like it is your opinion, and we got to go ... a judge, or somebody, to arbitrate, or to see which one of your opinion is correct! t 1 Mr. Koppen: I appreciate that, but what we do, hopefully, in law, if we have an opinion, and we have a transcript, we try to base that opinion... t Mr. Dawkins: But this is not a court of law! This is the City Commission. That is what the City Attorney is trying to tell us, and legally, the only thing that we can hear is whether or not the Zoning Board acted property in i their deliberations. t Mrs. Dougherty: In their findings. Mr. Dawkins: That is the only thing... that is what J. L. said, if we can move it, we will move it. Mr. Koppen: We are not objecting to that. We arc not objecting to that. We are saying that deliberations were based upon four factors, and we would like the opportunity to comment on those, according to the Zoning Board. Mr. Dawkins: According to who? Mayor Suarez: OK, to protect the record, why don't we go ahead and hear from you on those four factors, counselor, very briefly, please. Mr. Koppen: Mr. Mayor, I am not hear to speak on those factors. The objecting homeowners have been here many times. Mayor Suarez: I am looking back there at them, and I know they are ready, but make it brief, if you could. Mrs. Kennedy: Could I see by a show of hands how many people are here on this item? Thank you. Mayor Suarez: Margarite. These are the appellants, which are objectors to the granting of the permit. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: You are in favor, back there? OK, let's do it the simple way, as long as we are doing show of hands. Who is in favor of the houseboat? OK, now, who is against the houseboat? All right, now, we have our two teams r. gl 36 February 27, 1986 �n i I pretty well identified here. Wno is on first? Let me ask a question. Is Commissioner Shockett still here? You are waiting to be heard on which item, Commissioner? Commissioner Shockett: Number five. (INAUDIBLE BACKGROUND COMMENTS) Mayor Suarez: OK, we will get to you very quickly. We are happy to see you here, and honored to have you in our Commission, sir. Sorry I did not identify you before. Yes, you might want to move the mike over a little bit, and cell us your name and address. Mrs. Margarite Shearin: My name is Marguerite Shearin. I am president of the Belle Meade Island Homeowner's Association, and I live at 1169 Belle Meade Island. On January 23rd of this year, we appeared before the City Commission to appeal a special exception, which had been granted, to Caroline Gaynor, to allow docking of her houseboat at 960 N.E. 78tn Street. I know that the City Commission deferred the action until today, and indeference to the time which you have allotted to us, I am going to try and skip through this a little bit. Mr. Alex Salem, (are you here, Alex?) is going to speak on point number one, which has to do with the site plan itself. He researched tnis quite thoroughly. Point number two, clean up, and maintenance of the site - we don't think that nerds discussion. Who i5 there, who doesn't than up and maintain a property? That should be automatic, and should be expected to be so. Point number four, improvement to the area. Improvement, we nave to speak for it from our side of this. With us, it doesn't matter whetner the lawn was mowed there, and whether the trash was removed. The nouseboat thdt we see is the houseboat that was moved in there, back in March of 1984, and has been there ever since. There is no change. The houseboat is what we see, what our visitors see. Anybody who wants to buy property in the area, or who wants to sell it, speak of the houseboat which is there. So, that is no ` improvement to the area. I am going to tell you one improvement there is to the area because of this, and it has nothing to do with the land. The i improvement to our area is this - we have learned that going before the Zoning Board means nothing. They hdve turned us down every single time. There is a resolution saying that it gives us a chance to appear. We have got petitions. We sent them to you. We appeared in numbers, and every single time they have listened, but they have not heeded, so as it is now written, the one thing that we have learned, the one good thing that comes out of this, is that we f know that we are going to have to continue to be vigilant. We are going to have to challenge every houseboat that comes into our area, and I mean the houseboats. We are not talking about the people who live on the houseboats, we have no quarrel with that, but the houseboat itself is the crux of tht matter. Now, today, before the Commission meeting, I got a copy of this resolution, which nas been passed among you. I have two quarrels with this. The first one I have already mentioned in that they want us co go into a popularity contest every time. What changes from one time to the other? We live in the northeast area, which is... Mayor Suarez: Well, we are trying to change that in every case - no popularity contest. Mrs. Shearin: Thank you. Mayor Suarez: OK, so don't take issue with chat, because it won't improve your changes, believe me. Mrs. Shearin: All right. Mayor Suarez: You dre very popular, so that wouldn't be as... Mrs. Shearin: Thank you. The northeast area has tried very hard to improve itself, and we have been part of this movement for years, now. Our organization for four years has strived to maintain, and even improve our area, and we have helped everywhere we can in the northeast area. How is it going to help the northeast area to allow this intrusion of houseboats and make this into another houseboat haven? Mayor Suarez: Well, but we are concerned about the procedural bind chat the City Attorney indicates that we are in, and that's... but we are allowing you to go ahead and deal with the four points mentioned by counsel, dealing with the merits of the question. ' gl 37 Februdry 27, 1986 �j . p G Mrs. Shearin: The improvements, there is no improvement. Tnat houseboat is just the same as it was then, and I think I can stop there. I tnank you for listening to us, but please remember, you will see us again. Thank you. Mr. Alex Salem: My name is Alex Salem. I live at 960 Belle Meade Island. Firs, I would like to say, on the show of hands, that a lot of the snow of hands, that were for Miss Gaynor, are not from the area chat is directly involved. A lut of them are houseboat dwellers from other areas. I think this should be understood. On May, of 1984, when Miss Gaynor applied for a special exception to live on her houseboat, she had already been living there since March. She had moved there without permission to do so. When she did file for special exception in May of 1984, she submitted a site plan with her application. She again submitted two more site plans to the Zoning Board on December, 1985• Each of these plans were differenL than the one that was submitted with the original application for special exception. All of you were supplied with copies of these in an information packet you received prior to the Commissioner's meeting last Janudry 23rd. It is the original site plan I wish to bring to your attention at this time. I think a lot hinges on this from the decision of the Planning Board. On July 16, 1984, at the Zoning Board hearing, Miss Gaynor stated that the site plan was an accurate drawing of what was on her lot. You can find reference to this on page 16, lines 14 to 20 in the transcript supplied to you by Mr. Koppen. I wish you would take a moment to look at that, because this is what was said. Tnis was an actual drawing of what was on that lot and ghat is not true. This plan snowed a gravel driveway approximately 10 foot in width and about 140 feet in length, leading from the street to her carport. This photograph, and I would like to pass up some photographs, now, if I may. Mayor Suarez: Do you want this to be made part of the record? Mr. Salem: Yes, sir, to be made part of the record. Okay, forget the photograph now, while I find my place again! OK, it snows a gravel driveway. Now, this photograph, taken December 9, 1985, clearly shows that the draft of the driveway did not exist. You can see the carport in the background, and the houseboat to the right. Now, it is true that there is a gravel driveway there now. However, this was not done until after the December 16, 1985 Zoning Board hearing, and when it was brought to the attention of the Zoning Board, and Miss Gaynor, herself, admitted that there was no driveway, thdt she has since put one in, therefore, this was done after the fact, and not in compliance with the site plan. Mayor Suarez: In the interest of getting this resolved, can you conclude your remarks, please? You have used up your allotment. You have got a lot of speakers on your side, and we are restricting the other side. Mr. Salem: OK. I would like to pass up some more photographs. May I do that? Mayor Suarez: Sure. Mr. Salem: Good. These photographs... Mayor Suarez: When you say a picture, a picture is worth 1,000 words. Mr. Salem: Yes, they do. These are side, and rear views, and other views of cne bode, and this is what somebody buying a lot next to Miss Gaynor would see as their view. This is what they would invest in. Mayor Suarez: That photograph on December 9th doesn't show a driveway, to me. If there is one now, it would be ... you told us there is one now. Mr. Salem: In conclusion, I would just like to say this. As you can see by that map, all of those red marks up there were people against this special exception. There are a lot of empty lots in that area, including lots on Belle Meade Isle, south of Little River. This could open up a can of worms, allowing these types of special exception, and sometning has to be done about it. Thank you. Mayor Suarez: Are you going to speak to one of the other factors that would be relevant, if we could decide on the merits? gl 38 February 27, 1986 R Ms. Sylvia Tamames: Yes, correct. Mayor and Commissioners, my name is Sylvia Tamames. I live at 881 Belle Meade Island. Paragraph 2305.7 of the Zoning Ordinance of the City of Miami states: "For especial permit, consideration shall be given to potentially adverse effectto the nearby properties, areas, and neighborhood. The usr or occupancy will be compatible and harmonious with other development in the area, to a degree permit which will avoid deprecia- tion and value of the nearby property." Tne special exception granLcd to Caroline Gaynor does not conform to the guidelines as described in that ordinance and such use is not compatible or narmonious with usher development of the area, and... Mayor Suarez: Let me interrupt you for a second. Madam City Attorney, suppose we were of the idea, of the opinion, that we can in fact, delve into the merits. What would be the standard for granting, or not granting, from our perspective, a special use exception? Mrs. Dougherty: Generally, they are whether or not it is compatible with the neighborhood. Mayor Suarez: What she is talking about, right? Ms. Tamames: With other development in the area, in fact, create a nuisance in our community. When the permit was issued, I inquired, and was informed by Mrs. TeresiLa Fernandez from the Zoning Department, that the other house barge in the area set a precedent which allowed for the granting of the permit here. You should realize that the so-called precedent refers to a house barge established with no building permit, and no certificate of use and no special exception permit. Mr. Ed Milligan, and Mrs Robin Henry of the Zoning Department have been Lrying to have it removed for the past several years, without success. Now, Mr. Juan Gonzalez, Chief Zoning Inspector, is attempting to have this illegal house barge removed. We live in a very beautiful and unique natural environment of residential homes in an area where each homeowner is required to follow the code, rules, and laws. Failure to comply with the rules causes the whole communlLy to suffer. My question to you is, how can au i11Cga1 house barge be used to set d precedent which allows for another house barge to be moored in our community, therefore, we, the majority against, request that the permit granted Lo Mrs. Gaynor not be renewed, or extended. Thank you, very much. { Mayor Suarez: Thank you very much for your remarks. Is that it for the appellants? Counselor, do you want to reply? ... briefly, please. Mr. Simon Ferro_: Thank you Mr. Mayor and members of the Commission. My name is Simon Ferro, attorney, with offices at 1399 N.W. 17th Avenue. I am cnc attorney for Caroline Gaynor, who is the original applicant under the original request for the special exception. I would like to skip over a history of the application, but I would just, in capsule form, reiterate, for the record, that this special exception was approved legally by the Zoning Board on July of 1984. The transcript clearly states that that approval was subject only to two conditions. Mayor Suarez: Was that the same transcript that counselor was reading? Mr. Ferro: Same transcript ... cleanup of the lot, and implementation of the site plan that was presented to the Board at the hearing. I would also like to say that, in order to verify and confirm some of the things in the actual resolution that was approved on chat Board, I would draw your attenLion to the 1 December 16, 1985, Zoning Board transcript which you also have, or should have before you, as provided by your staff. At that Zoning Board nearing, the Zoning Board reviewed the conditions, whether the compliance with the conditions had been met, and I would like to quote on page 12 of cndL transcript, Mr. Freixas, wno was a member... Mayor Suarez: Same pdgination we were using before, on the same transcript? Mr. Ferro: This is a different transcript. Tnis is a transcript of the December 16, 1985, and the only reason I am quoting here, is to demonstrate that the same Board tnat adopted the original resolution knew what it was, knew wnaL it had granted, and what had been adopted and reiterated and clarified at the December 16, 1985 Zoning Board hearing. Mr. Freixas says: gl 39 February 27. 1986 "I would like to ask something from the Department. I feel what we nave in front of us is not the approval or disapproval of this. We approved this back on July 16th of 1984, and the reason we brought it back is because we wanted to ascertain ... we wanted certain things to be done to the property. I really want a statement from the Department and to find out whether the things that had been said, that we said tndt she had Lu do on this inspection were they done, yes or no. Mr. Genuardi, or Juan, or can somebody answer me that question?" Then there is other discussion by Miriam Maer, City Attorney, to that fact, and Ms. Maer goes on to say ... I am sorry, Mr. Genuardi on the next page, page 13, does in tact confirm that those conditions that were imposed were complied with. Then, Ms. Maer, on page 14, in order to clarify even more what was being voted on thdt day, states: "What I would like to explain is that this time you are not granting a special exception. This special exception was granted. This hearing tonight is not an application for a special exception. You granted the exception in 1984." So, I draw your attention to the new transcript that you have before you, of the same Board that approved the original approval. I'd like to address some Of the issues that were raised by the objectors, specifically as they ... (INAUDIBLE, OFF MICROPHONE) Before Mrs. Gaynor improved the property, there was no wooden deck, there was no canvas shelter and chere was no gravel drive. In fact, the property had been cited for numerous violations under the old owner, and was truly a disgrdce to not only this neighborhood, but to the neighborhood to the Belle Mead Island people. The site plan that was introduced promised to construct a very large, and very beautiful wooden deck, to construct - to put up a fence, a wooden fence on a portion of the property, to construct a gravel drivewdy and a car shelter. After the application was approved by the Zoning Board, and the appeal period expired on { that decision and therefore forfeiting any rights to appeal by any aggrieved 1 neighbor, Mrs. Gaynor went ahead and took out all proper permits to implement - her site plan, and in a packet that I presented to the Board, and to the Clerk iand for the record on January 23rd, when we were last year, we detailed, with copies, all of the invoices and all of the checks, representing the expenses t chat Mrs. Gaynor had incurred in implementing this site plan. I would like to point out that, and to address one of the arguments by the neighbors that what was approved was only a very conditional approval and that you could frevisit the approval of the special exception, I would like to point out that that approval instructed Mrs. Gaynor to expend money to implement the site plan and approve the property. I do not believe it was the intent of the board to instruct somebody to implement the site plan to expend thousands of dollars to then have to come before this Board again and revisit all of the issues that were originally voted on, so logic has to indicate that that was not the intent of that Board to ask somebody to spend thousands of dollars and then to come back to this board and be exposed to revocation of a special exception based on the exact same issues that were dwelled in, in the very initial zoning hearing. You have also in the file that the City has, pictures that were presented in the original application and also last year, showing how the property looked before the site plan was implemented and after the site plan was implemented. Implementation of a site plan and maintenance and cleanup of a lot have been verified by all of your departments. The record is replete, and your files are replete with statements by inspectors who have gone to the property, have confirmed that it has been cleaned up, and nave confirmed that the site plan has been implemented. They have confirmed that the wood deck is there. The existence of the wood deck is not truly a diserctionary matter. It is a factual matter. Either it is there, or it is not there. This site plan has been completely implemented and when the Zoning Board approved the review in December of this past year, was subsLancidlly in accordance with the site plan chat had been presented, and chat is rule of law, chat it was substantially in accordance with chat site plan, and all of the staff of your departments had confirmed that over and over again. There was initially some question as to whether there existed a lagoon. There does in fact exist a small lagoon here, and there was another question raised at r" another hearing, as to whether chere was any landscaping to be provided around the lagoon, because the site plan that had been provided was textured. That only reflected the slope of the lagoon. It did not reflect any landscaping that would be applied under the site plan. I think that the only two issues before you today are very narrow and very clear, and those issues 4 have been confirmed by your City Attorney. They have been confirmed with gl 40 February 27, 1986 letters from your staff. I would like to point out that when Mrs. Gaynor won approval of the application before the Zoning Board, she received a latter dated August 1, 1984 from Aurelio Perez, signed by Gloria Fox, advising her that her request for the special exception had been granted. She was to go ahead and proceed with implementation of the site plan. After the site plan was implemented, and all the work had been done, on May 31, 1985, Mrs. Gaynor received another letter from Joseph Genuardi, stating: "I have been advised that all the necessary permits were obtained, and all of the required work has been completed and approved by the various sections of this department." Mr. Mayor, this is about the fourth or fifth time, I think, that this application has come before one City board, or another. Mayor Suarez: I think you are about to conclude, and you have a good sense or timing, because I was going to tell you to conclude. Mr. Ferro: Thank you, very much. I would also like to say that Mrs. Gaynor wants to be a good neighbor. In fact, a week before the January 23rd meeting, we sent out a letter to every single homeowner who had signed objections to this application. There was something like 74 people, 74 letters we sent out, inviting them ro visit the property on a Sunday - the Sunday before the last hearing, to talk to us, to allow us to show the property, ad to allow us to discuss the issues. Out of 74 letters we sent out, only one couple who resides in Belle Meade Island showed up for that meeting. We have tried everything, we have done everything that tnis City has requested us to do. Mrs. Gaynor has complied with every single requirement that has been imposed by the Zoning Board, by staff, by everybody, and I believe that this Board, with all due respects, should follow the recommendations of its Planning Department, which say that this application should be approved, and that all requirements have been complied with, and I respectfully request that, that be the ease. Thank you. Mrb. Kennedy: Mr. Mayor, let me just ask of Sergio Rodriguez, nave they, in fact, complied with all of the requirements of the Zoning Board? Mr. Sergio Rodriguez: There is a letter dated September 25th from Georgia Fox and Juan Gonzalez, asking of the status on the state of the Zoning Board approval of the special exception for this property, and the response given by Mr. Gonzalez from the Building and Zoning section of the Fire Department is that Inspector Ed Milligan reports that to his knowledge, no deterioration is taking effect in the immediate neighborhood due to the houseboat. Tne property is clean and appears maintained, except for a small pile of lumber and a metal shed near the front of the property. Mayor Suarez: Let me just state that I have now heard from both sides myself, and I know we have a rather complex legal mess here, that is the best word I can use for it. I am personally convinced that there was such confusion before the Zoning Board, that there is absolutely no way that I could feel that you are precluded from bringing up all the merits of this particular special use exception, and it would make no sense to me that because you didn't appeal at the time something that you couldn't understand, and that I still feel that it is difficult to understand that you would have forfeited any rights, so I feel that you are well entitled to argue on the merits, and I have heard you on the merits. I am ready to vote in favor of the appeal, and that is my opinion, but, I am one of four at this point. What is the Commission's pleasure? Mr. Dawkins: How can we vote ... no, OK, go ahead. No problem. Mayor Suarez: Do you want to come up briefly and reflect - I presume you want to tell us that you are in favor of the houseboat, right? Mr. Alex Lehman: Mayor, may I indicate that not all Belle Meade residents arc opposed to the houseboat, but I would like to, before these people speak, and i with all due respect, I would like to... a Mayor Suarez: Well, I gave you a large allotment of time on the assumption that you were speaking on behalf of the applicant, so if you would identity yourself - name and address, and if you have anything new to add, believe me, he has argued your case rather well, so... z, g1 41 February 27, 1986 N Mr. Lehman: I understand that, sir. It is not my case, and I will be brief. My name is Alex Lehman, and I reside at 7350 Belle Meade island Drive, and I am a resident of Belle Meade Island, and I am in favor of the houseboat, and perhaps I represent the silent majority, and they may be silent because they can't be here today. They have to work, and they have to do other things that normal people to do, and they are not retired, and they have better things to do than looking in their neighbor's back yard, but T would like this City to be aware of the fact that... Mayor Swartz: As in other items, it is not a good idea to make indirect or direct references to people who are on the opposite side of your argument. It doesn't help your cause, believe me. Mr. Lehman: Ok, well let me address the merits of the case, then. I nave heard a lot of talk about nuisance and about problems, but nobody seems to direct specifically what the nuisance is, and I have had a lot of people come up and down that canal and they like houseboats, and I don't think there is going to be any problems with the floodgate of houseboats in that area. Obviously, everybody knows it is private property, and most people have boats tied up behind their house, and no matter what this body decides today, there is no reason why any other houseboats could be that area. There is very limited property, and I perceive that if you decide that this woman can't have the houseboat, then you would just be interfering with the private property rights, and perhaps the houseboat is located beyond the high water mark, and it might not even be the jurisdiction of the City, and the real fact is, I think that some of the residents on Belle Mead Island are a little bitter and a little disappointed that they couldn't sell their homes, and Mr. Alex that appeared 'here before you today had his home for sale for a long time, and we know the problems Miami has had in the depreciation in the housing market, and I think they are alarmed, and they have some fear that this particular houseboat has caused them a loss of imaginary profits and obviously, that is not the case. I just want you people to know that perhaps you heard so much bad about houseboats, that there are people who believe that there is no problem with the houseboat. Mr. Plummer: Do you own a houseboat: Mr. Lehman: No, absolutely not. As a matter of fact, I don't even know the woman who has this problem. Mr. Plummer: Thank you, sir. Mr. Lehman: I read the article in the paper today, and I sympathized with it, just like some other people that asked me to come and speak to you today. Mayor Suarez: OK, sir. Thank you very much. Again, briefly, if you have nothing new to add, we have heard most of the arguments by now, and there are people waiting to be heard on a lot of other items. State your name and address, and if there is anything new that you want to add to it, other than the fact that you support the houseboat. Go ahead, sir. z Mr. William Smat: My name is William Smat. I live on 77th Street. I am on Little River. The problem is, that Little River is a commercial river. There are restaurants on the river, apartment buildings, dock yards, with whistles going all day - marina with about 15-20 boats there, and I am in favor, because a poor man cannot afford to buy a house for $50,000. They can afford a houseboat for $3,000 or $4,000. They are entitled to a living, and I ask compassion from you Lord Mayor, and the Honorable Commissioners, to allow this woman to live in a boat. Everybody needs a roof over their heads, and it is q not fair that I live in a $200,000 house, maybe more, and a woman that lives in a $3,000 - $4,000 house be victimized and be thrown off of her property, 1 that she cannot have a roof over her head, too. Poor people are entitled to a a living. Thank you. x Mayor Suarez: Thank you, sir. Mr. Edwards: My name is Mr. Edwards, and I live at I have a houseboat. If your houseboats are removed arc doing is opening an access to drug smugglers an are a block between the property owner and the canal. canal, if there is no houseboats there, all these d 679 N.E. 77tn Street, and from the canals, all you crimes. The houseboats Anyone coming down that people are opening their gl 42 February 27, 1986 W f backyards to crime, and to be robbed. People tnat live on the houseboats are the ones that call the police, and say, "Hey, there is a body floating in the ! canal." If there are no houseboaLs there, there is no one there to see what is going on! i Mayor Suarez: I have to say that's the most creative argument we have heard today! i Mr. Plummer: Yes, but I've just gotten a conflict of interest! (LAUGHTER) Mayor Suarez: He wants d special communication system to all houseboats! Mr. Bill Homan: My name is Bill Homan. Caroline asked me to speak. I do, in fact, own a houseboat, not in that area. 1900 79th Street Causeway, is my address. I'd like to address two issues that you haven't heard here, tndL arc extremely relevant. The first of those issues is, when these people built their homes, when those homes were built, there were houseboats in that arcs. I can trace back the existence of houseboats in that area, to the turn of the century - 1900's, and consistently, they nave been there. When tnesc people who are objecting, bought their homes, there were houseboats there. I can produce direct evidence of that. I have written articles for various publications on ecology. I have been very interested for a very long time. I have written for Florida Shipper magazine quite a few times. I have written for the Marine Council publication, Tradewinds, and the point that I want to make here, is whether or not this boat should be in that location, is that it is very beneficial to the ecology, that the boat itself provides a cling substrate, and on that cling substrate, is more life than you will find anywhere on the bottom - shrimp, crabs, fish. To look at these issues in a narrow way, to not consider the full picture, I think is pointless. I can offer proof, photographs. I could spend 'hours discussing the ecological beuefits that are involved nere, so that is all I was asked to speak on at this time. Mayor Suarez: Thank you, sir. Mr. George Kapas: My name is George Kapas. I live on the Little River in a houseboat. The chart that was put up there earlier, designating all the people that were against the houseboat, showed my situation, and also three of the lots on there, that were not against the houseboats. They just added those on. I have known Caroline Gaynor for over five years. She came in here, I mean, when she went into this new lot, it was a real mess down there. She spent many, many dollars - thousands of doilars, in fact, in buying the lot, and also improving it, and the view from the river, as far as her house, is greatly improved, but there is not a great deal of improvement, because sne has kept it in a natural environment. All I can say is, first of all, the house that she has, her houseboat, is not a $3,000 houseboat. Her house, and all the improvements she has made on it, it has been mucn more. I just recently finished refurbishing my house, and I nave close to $50,000 in it, and it is a small place. Thank you. A Mayor Suarez: Thank you, sir. Counselor, we have really heard from your side more than enough, and from the other side, more than enough, and from everyone ! more than enough. Bob, are you going to make any kind of d statement? Miami Civic League taking a stand on this, just so we know? Or, are you speaking only on your behalf? Mr. Bob Worsham: No. Bob Worsham, Miami Civic League. I think in considering this, think about Grove Park, the other homeowner's associations throughout the City of Miami. They have a similar problem, and the precedent that you are looking at is quite serious. Grove Park Homeowners are very concerned. You had a meeting with. those people not too long ago, Mr. Mayor, and they had the same problem, so... Mayor Suarez: Well now, we hope to resolve the collective problem of the a entire City by passing a whole new ordinance to cover this in the future, and we have got three alternatives presented to us by the Administration, and all of them seem to be very feasible, and they would pretty much prevent this from ever happening again, so as to tht collective problem of the whole City, we will deal with that very soon, and I can tell all the citizens that. I know the Commission will back a clarification - I think they will back a clarification, so that citizens don't have to constantly come here on these items, once we establisn the policy. gl 43 February 27, 1986 f f Mr. Worsham: I think in a line of thought, our recommendation would be to consider, if there is an exception, then let the lady that wants the exception go to court, not all the residents than are against it, because you have a precedent here that affects an awful lot of people. Thank you for your time. Mayor Suarez: It is just that the exception doesn't require a court { proceeding, Bob, but that might be an interesting alternative. Members of the Commission? Mr. Plummer: Mr. Mayor, I hate to say it is simple, but I think it is simple! And the question before us today is, did this lady meet the requirements as set forth in the lower Board? Madam City Attorney, is tnat correct? Mrs. Dougherty: Yes, sir. Mr. Plummer: OK, so then I think also, then it is a simple answer from the Department. We didn't go out there and inspect it. I didn't, and I don't know if I would be able to judge. To the Department - you have been out there. You have seen it, and in your best estimation, did the lady meet the requirements, or didn't she? Mr. Olmediilo: I have to refer the question to Inspection Services. Mr. Plummer: Well, whatever nigh priced help you got over there. Mr. Joseph Genuardi: Joseph Genuardi, Zoning Administrator, Fire Rescue and Inspection Services Department. We had inspectors inspect the property after all the work was completed and found it in compliance. We gave her permission to occupy it. Before the Zoning Board hearing, we also sent inspectors there, and found that the property had been cleaned and maintained in very acceptable condition. We then sent another inspector just before the Commission meeting, January 2.3rd, and found the property still in compliance. ! Mr. Plummer: Is that a high priced "yes, she complied"? Mr. Genuardi: Yes. Mr. Plummer: Madam City Attorney, witn the Department going on record tnat s she has complied, it is my understanding that this Commission cannot do j anything but to say that it is in fact, true. Now, you tell me? Mrs. Dougherty: Mr. Commissioner, you are the finder of fact. Mr. Plummer: I don't know what to say! of what that guy said I might find. Mr. Dawkins: But that is your profession! Mr. Plummer: Yes, but someone, that... I am scared to go out there, because Mr. Dawkins: You may have to bury him tree! Mr. Plummer: That is an even worse problem. Mrs. Dougherty: Mr. Commissioner, I don't remember hearing any evidence to the contrary. Mr. Plummer: OK, I guess that was the answer. Mayor Suarez: Do I have a motion from... do I hear a motion, please? Mrs. Kennedy: I am ready to move, Mr. Mayor, to follow the Planning Department's recommendation. Mayor Suarez: That would be to deny the appeal? Mrs. Kennedy: Right. Mayor Suarez: The Zoning Board's recommendation to deny the appeal? Sri;;. gl 44 February 27, 1986 f f Mr. Plummer: Mr. Mayor, I don't think we have any ocher choice in this particular matter, and I will second the motion. Mayor Suarez: So moved and seconded. Any further discussion from the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Kennedy, wtio moved its adoption: RESOLUTION NO. 86-155 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE APPEAL OF THE ZONING BOARD'S DECISION TO CONTINUE THE APPROVAL OF THE SPECIAL EXCEPTION GRANTED BY THE ZONING BOARD ON JULY 16, 1984, ALLOWING THE CONTINUED OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUARTERS IN CONNECTION WITH A VACANT LOT LOCATED AT 960 NORTHEAST 78TH STREET, ALSO DESCRIBED AS LOT 5, BLOCK 22, SHORE CREST (10-23) P.R.D.C., AS PER SITE PLAN ON FILE; SUBJECT TO CLEANUP AND MAINTENANCE OF SITE AT ALL TIMES, AND A REVIEW BY THE ZONING BOARD TWO YEARS FROM DECEMBER 16, 1985 FOR CONTINUED MAINTENANCE AND CLEANUP OF THE SITE; ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL. (Herr follows body of resolution, omitted here and on rile in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. ON ROLL CALL: I am going to vote "no", and I don't think I reflect only my view on that, but that of some of the other Commissioners. Unfortunately, we feel are hands are tied. Some of them feel that our hands are tied because of the procedural problem that we are in, that the appeal was not taken before-, so I don't believe that I am tnc only one that feels that way. I believe maybe the entire Commission does, but, they look at the procedural question differently. Tndnk you. Mr. Dawkins: Mr. Mayor. Mr. Plummer: Excuse me. Mr. Mayor, the more important factor at this point is that if now that item is decided. Madam City Attorney. Mayor Suarez: Yes, that is very important to go forward to... Mr. Plummer: Madam City Attorney. I think that it behooves you to prepare for this Commission an ordinance for consideratiOLi at the next meeting, if feasible, as soon as possible, knowing what this Commission would like to accomplish, and that is in relation to houseboats, and to in the future, whether or not, what control. I think that you cannot put just a total blanket on the City - no more houseboats. I could not agree witn that. I think you can have designated areas with designated zoning areas that they could be permissible, and that anything other than those areas designated would be on a conditional use, which means they would have to hold a hearing before this Commission, or before the Zoning Board. But, I think it is very important, because there is no question in my mind, that without controls, this thing will continue to manifest itself in something that none of us will be proud of, so Mr. Mayor, at this time I would like to offer a motion instructing the City Attorney... gl 45 February 27, 1986 Mr. Dawkins: Before you make your motion, J. L., could I ask you to consider one thing? Mr. Plummer: Always. Mr. Dawkins: I tnink the Mayor voiced everybody's opinion of being in a bind, and I wouldn't want to be in that bind again, J. L., so I would like to suggest that the City Attorney go out with the Belle Meade Island homeowners, and discuss whatever legal measures that she is going to draft to see that what they want is put in a legal form, and then bring it back to us, so thdt we don't have to come back and have a lot of hearings. Mr. Plummer: Well, Mr. Dawkins, I have no problem with that sir, except for the fact I think this ordinance is going to be much more encompassing than just the Belle Meade. The man is spoke to the Grove Park, and I know... Mayor Suarez: Just to clarify, we have three alternatives already proposed to us, from ... is it Planning? And one would be just for Belle Meade, and another one would be a little bit less restrictive and another one would be more wholesale, and why don't we nave that... is that the motion, to have tndc come back before us and we would like to take citizen input at tnat p0111t, so that we can resolve this problem. I don't think any of the Commission intends to band houseboats everywhere in the City by any means and the question is, exactly to what extent we would band houseboats, and based on what considerations. Mr. Dawkins: Well, you draw up some lines for Grove River, and then someone wants to know why that can't be applied Little River and... Mayor Suarez: Yes, that is one of the alternatives proposed, and it may not be the best one. We have got two other approaches proposed, and maybe better. You might be right. Well, we are going to have a full nearing on this, so we have a good ordinance, once and for all. Mr. Walter Pierce: Mr. Mayor. Mayor Suarez: Margarite, please. Yes. Mr. Pierce: Just to make sure that everyone understands that any amendment to the zoning ordinance has to go first to the Planning Advisory Board before it comes back here, so there will be ample opportunity for public input from everyone throughout the City. Mayor Suarez: Yes, this will go through the entire process of... Mr. Plummer: Well, but I don't want to get caught in a trap, Walter. I don't want the Department to prepare something, send it to the Zoning Board and then come to us. I want this Commission to decide what it wants, and then, we will send it to the Zoning Board. Mayor Suarez: Send to the P.A.B. Yes, we can take action that way. Mr. Plummer: Yes, but Mr. Mayor, in the past, we have seen sneaky Pete operate. Mayor Suarez: And it sort of ... dies out! Mr. Plummer: That is right. Mr. Carollo: Ma'am, if you are going to speak, you nave to come up here. Mrs. Shearin: I was waiting for permission. There is only one point. I think I am the only one of our group wno saw the resolution which was passed among you, so I have to speak from my own heart, and I nope you agree with me, but that resolution deals only with live-aboards. We want all houseboats banned from there. Whether a houseboat has an occupant or not, it is just as ugly to us. Mayor Suarez: You are going to have plenty of opportunity, because I think not only you, but two or three, if not the entire Commission, is going to monitor how we arc going to pass this new ordinance, so you will be able to express ... I see Bob nodding his head back there. We will have input from the Miami Civic League, I am sure, on that process. Thanks to all of you. gl 46 February 27, 1986 1 4 t Mr. Ferro: Mr. Mayor and members of the Commission, on behalf of Ms Gaynor, I would like to thank you for your approval. I believe that once time goes by t and Mrs. Gaynor proves that tnat houseboat will not be an eyesore to the community, some attitudes might change, but I would also suggest, if you do get the input of people who live aboard houseboats, who will be the most affected... Mayor Suarez: We will do that, counselor. Mr. Dawkins: Before you go, I would like you to understand, we did not give ner a permit. She met the requirements of the Zoning Board, and the Zoning Board gave her that, so don't thank us, thank her for doing what she was told to do by the Planning Board. WHEREUPON, THE CITY COMiIISSION WENT INTO A RECESS AT 4:50 P.M. RECONVENING AT 5:10 P.M. WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT except Vice - Mayor Miller Dawkins. 11. STREET CLOSURE AT 1660 N.W. 7 COURT AND 1601 N.W. 8 AVENUE AS A CONDITION OF APPROVAL OF TENTATIVE PLAT: "HIGHLAND PARK HOSPITAL SUBDIVISION FIRST ADDITION". Mayor Suarez: Agenda item 3. Commissioner Plummer, I think, will... Mr. Olmedillo: Closing and official vacation of alley to provide unified site. The Planning Department recommended approval. The alley is nut necessary for the overall public interest. The Plat and Street Committee approved. Zoning Board recommended approval at the meeting of January 6, 1986. Mrs. Kennedy: Do we have any backup material on that item? i Mr. Plummer: Who is H.C.A. Health Services? Mr. Robert Kaplan: They are a subsidiary of Hospital Corporation of America. Mr. Plummer: Is that for profit? Mr. Kaplan: It is for profit. Mr. Plummer: All right, sir, the question is, you are acquiring City 3 property. Mr. Kaplan: Mr. Plummer, I am prepared to make a voluntary contribution... Mr. Plummer: Oh, fine, I am glad to hear that, sir. Mr. Kaplan:... to the City of Miami Park Impruvement Trust Fund, of $5,000. Mr. Plummer: All right now, to the Department, how many square feet is ne acquiring? i Mr. Olmedillo: 2,400 square feet, sir. i Mr. Plummer: And, what...? (INAUDIBLE BACKGROUND COMMENTS) ' Mr. Sergio Rodriguez: I met with Mr. Kaplan a few minutes ago, and I mentioned to him the amount of acreage that ne has, and we calculate the appraisal. r Mr. Plummer: And you think that this is in order? The item is in order? s Mr. Olmedillo: Si, sir, what he is proposing is very reasonable. i •t3 gl 47 February 27, 1986 0 4 Mr. Plummer: All right, sir. May I suggest, Mr. Mayor, that we approve this and that money be designated for Coconut Grove, of which we all got roasted for the other nigt►t about the facilities there in Coconut Grove. (INAUDIBLE BACKGROUND COMMENTS) Mr. Plummer: Peacock Park is correct. Mr. Mayor, I move item number 3. Mrs. Kennedy: Second. Mr. Plummer: Oh, excuse me. Are there any objectors? Mayor Suarez: Is there anyone that wants to be heard on item 3, for or against? Let the record reflect that no one has come forward. Mr. Plummer: Counselor, would you like to put your name and address on the record, who you represent, so you can get paid? Mr. Robert Kaplan: OK, my name is Robert Kaplan. I am an attorney with offices at 1401 Brickell Avenue. I represent H.C.A. Health Services of i Florida. Mr. Plummer: I move item 3. Mayor Suarez: 3 has been moved. ! Mrs. Kennedy: I second it. Mayor Suarez: Seconded. Aijy further discussion from the Commission. j Hearing none, please call the roll. The following resolution was introduced by Commissioner Plummer, who , moved its adoption: RESOLUTION NO. 86-156 i { A RESOLUTION CLOSING, VACATING, ABANDONING, AND DISCONTINUING THE PUBLIC USE OF THE 20' ALLEY RUNNING WEST AND SOUTH FROM THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 7TH COURT BETWEEN NORTHWEST 18TH AND 17TH STREETS, AS INDICATED ON THE PLAT OF "HIGHLAND PARK HOSPITAL SUBDIVISION," RECORDED IN PLAT BOOK 127 AT PAGE 72, AND ON THE PLAT OF HIGHLAND PARK SUBDIVISION' RECORDED IN PLAT BOOK 2. AT PAGE, 13, ALL OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1268 "HIGHLAND PARK HOSPITAL SUBDIVISION FIRST ADDITION." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Novo. ABSENT: Vice -Mayor Miller J. Dawkins -" gl 48 February 27, 1986 12. COMMENTS ON MONIES TO IMPROVE ORANGE BOWL. i Mr. Plummer: Mr. Mayor, could I put on the record please... Mayor Suarez: Yes, Commissioner. Mr. Plummer: ... a little bit of good news for a change? I was designated by this Commission some months ago to negotiate Dade County for the Miami Water Sewer Authority litigation. I am happy to report to this Commission that the results of that litigation - excuse me, negotiation - this City has received checks and will receive before November 18th, $2,073,650 and also importantly, we have got a complete release of all of the Orange Bowl monies that we had tied up for the next two years, are now released for the improvements to the Orange Bowl. Also, the third item that we negotiated is that there would be an advisory board and a budget review board, so I would ask the City Manager, at the next meeting place that on the agenda where each member of this Commission will be appointing one member that board to complete the final negotiations. I don't know what happened to the checks. I am told we have got them, but I guess somebody is safekeeping the $2,000,000. Thank you, Mr. Mayor. NOTE: VICE -MAYOR MILLER J. DAWKINS ENTERED THE MEETING AT 5:14 P.M. 13. PERMIT SPECIAL EXCEPTION OF A DRIVE-IN FACILITY FOR THE REPUBLIC NATIONAL BANK AT 2800 N.W. 7TH STREET. Mr. Plummer: May I see the map on this, especially as it relates to the drive-in facility? Mr. Dawkins: Why is, it that we are having a problem here with the Royal Trust i Bank stacking cars, when the -where is Odio, Cesar Odio?... when there is another bank, and I have forgotten the name of it, some kind of federal bank, they want to stack 40 cars, and the Planning Department is telling them, "No, you can't stack but 3". (INAUDIBLE BACKGROUND COMMENT) Mr. Dawkins: Yes, why? But, yet still, you arc going to give these people d hard time because they are stacking 3, and then you tell this other guy ne can't stack 40. Mrs. Kennedy: You are talking about Republic, not... i Mr. Dawkins: Yes, Republic. _ Mr. Plummer: There is a new ordinance, which I helped pass, before this Commission to address that problem, Mr. Dawkins, and that problem was that the banks, unfortunately were using the streets of the City in creating a hazardous condition by not providing adequate reserve space off of the streets, and the minimum now, that can be provided by anyone without a public hearing, which is this one here today, is 10. Now, they have two lanes. They are providing 9 spaces in the first lane out of 10, and they are providing only 1 space for the second lane, OK? So, that is why they are here, and I think it is three items, and the third item is in reference to a buffer of 50 feet, and their wanting to put in a 10, so, I don't know of anyone who can be said that they can put in a drive-in teller with 3 spaces! No way. i Mr. Dawkins: But, my concern is, and will somebody report back to me with this in the next 10 days? Republic Bank said that they bought a piece of property, pushed down the structure on it so that they could stack 40 cars off the street, out of the line of traffic, and the Planning Department is telling them, "No, you can't stack but 3 cars. Now, if that is an error... gl 49 February 27, 1986 4 Mr. Plummer: Whoa! He is probably rignL. address a drive-in teller. What they nave done doesn't Mr. Dawkins: Why? They are stacking the cars for the drive-in teller. ' Mr. Plummer: No, sir. They probably are using the cars for stacking employees. Mr. Dawkins: All right, you are guessing and I am guessing. Will the Administration find out what is correct and bring it back to us, please? Mr. Pierce: Mr. Dawkins, would you give me Lne name of the person aL Republic? i Mr. Dawkins: Republic? OK, I will, Mr. Pierce. Mr. Pierce: OK, then I will make sure that I follow It up personally. Mr. Dawkins: Thank you, Mr. Pierce. Mr. Olmedillo: Item 4, it is a special exception to allow drive-in facilities for the Republic National Bank, located on 7th Street. For that item, Lne Planning Department recommended approval of the drive-in facility. The Zoning Board recommended approval at the meeting of January 27, 1986. The use is compatible with N.W. 7tn Street and Lne proximity of 27tn Avenue. TnaL is item 4. Item 5 is a special exception to review the reservoir spaces. The appliCanL has two windows side by side. The ordinance reads that for earn window side by side, you must have 10 reservoir spaces. You can take two different views on this. The Planning Department considers that if the bank needs two windows, it is because there is a lot of movement in it. There is a r lot of demand, therefore, they must provide 10 for each one of the windows, so that the spillover effect does not go into the street. The Planning Department recommended denial on that one. County D.O.T. recommended denial. Public Works recommended denial. Zoning Board recommended denial on that. r Then, on Item 6, I must refer to that drawing. Item 6 is a review of Lne special exception granted to reduce that transitional area, which is designed to proc-CL the residential side, when you have abutting properties of residential districts and commercial districts. As it is now, we have 50 foot strip to separate when we have these abutting districts. The ordinance Provides for a reduction up to 10 feet. In this particular case, where we + have a drive-in facility, the Planning Department considers it 20 foot, witn a well buffered, well landscaped area, 6 foot high masonry wall. It is necessary in order to provide for that separation between the residential district and the commercial district. The Zoning Board approved the 10 feet, the reduction to 10 feet. That is item 6. Mr. Plummer: Let me ask this question as it relates to the third item. Does the reduction... let's say that this Commission holds them to the 50 feet. What does that do to their parking. Do they then have adequate parking? Are you throwing them into another variance? Mr. Olmedillo: The 50 feet will probably make the site undevelopable for s that particular use. Mr. Plummer: Well, how in the hell do you approve to give them a drive-in, and then turn around and say, "If you do what I tell you, you can't do it?" Mr. Olmedillo: Because we are reducing iL to 20 feet. That's what we did. Mr. Plummer: Oh, you are reducing it from 50 to 20, and they want to give 10. i 9 a Mr. Olmedillo: Right. Mr. Plummer: All right, at 20 feet, is it a buildable site? 3 Mr. Olmedillo: Yes, sir. Mr. Plummer: They will provide adequate parking? Mr. Olmedillo: Yes, sir. Mr. Plummer: OK, that is what I needed to know. gl 50 February 27, 1986 Mayor Suarez: You are realiy saying all of these items, one hinges on the other. That is what Commissioner Plummer pointed out, in effect, that you can't do One without the other. Mr. Plummer: It could be an "if come". Mayor Suarez: Yes. Mr. Plummer: No, because, Mr. Mayor, on item 2, for example, it is within the purview of this Commission to give them just one teller for the 10 parking spaces, so we can modify that. We can also make it conditional review. Mayor Suarez: 6 depends on 4. Mrs. Kennedy: Weil, it seems to me that it you are talking one window, you are going to have really congested traffic, but if you give them the alternative of having the two windows, and the road bifurcated, it seems that you are expediting, really, the line. Mr. Plummer: No, you are not. It doesn't work that way, that is the problem. Mayor Suarez: You are obviously speaking in favor of the applicant, right? You represent the applicant, right, DOCL.Or? i Unidentified Speaker: If I may, your question. In here, we would have the residential district. They are providing 10 feet of landscaped area. If they take this 20 feet, they have excess parking provided now for the requirements Of the development_. Not only that, but the building can be turned, keeping the same building, it can be turned and they can provide the 20 feet of landscaped buffer and have all the services and the installations as they show them here. Mr. Plummer: But does the drive-in teller then still empty onto the Avenue rather than 7th, Street which is a very busy street? Mr. Unidentified Speaker: Right, it will empty on 28th. They can make another arrangement, but they could design it in such a way that they can nave it empty on 28tn Avenue. Mr. Plummer: Move over a little bit to your left. Okay, I see it. The i drive-in does not in any way interfere with the parking lot. , Mr. Unidentified Speaker: No, sir. Mr. Plummer: Okay. Mayor Suarez: Let me just ask, before we hear from counsel for the applicant if there is anyone here to speak in opposition to Items 4, 5 or 6. Okay, just so we know. Is that the only person that is going to be speaking in opposition to Items 4, 5 or 6? Go ahead. 1 ' Mr. William Shockett: Mayor Suarez, Vice -Mayor Dawkins and members of the Commission, most especially my former City Attorney Mrs. Dougherty who we miss, and I won't hold that against you since we didn't get any You're waiving, is it sign language, is that for me? Mayor Suarez: We use a lot of sign language on this Commission, I know you don't over there. i Mr. William Shockett: Excuse me, my name is William Shockett, I'm attorney for Raal Estate Partners, Inc. which is the appellant for applicant. When we appeared before the Zoning Board, the Zoning Board had letters of approval from the adjoining property owners ... which is the transitional area, the 50 feet, which your staff has recommended 20 feet. We need the 10 feet, we are building the 6.foot cement wall, the people that are there are in favor of this project, the land was previously used as a 24 hour service station, which certainly was not an asset to the neighborhood. But let me tell you, Commissioner Plummer, I agree with you wnoleheartedly as to your reasons for the ordinance requiring the 10 reservoir spaces. This is a catch 22 <> situation. What we did was we added an automatic teller to alleviate any Al possibility of back up over there. We don't have to put in an automatic ti �_ ,; gl 51 February 27, 1986 teller, we could have left it with just one manned teller, and then if there were people that did not have to deal with a live person they would have to wait in line or tney would back up over here and wait until that person could serve them when the automatic teller dispenses with that need. So we did that to alleviate the problem. Now, your staff has taken the position chat we have two tellers, therefore, we need 20 reservoir spaces. So what we tried to do, we now find ourselves in a predicament. The local branch offices, and Mr. Luis Botifol, who is the chairman of the Board of Republic Banks, and he certainly has experience in dealing with branch offices, are primarily there to serve the people of that area on a one on one basis. You nave to provide a drive-in teller but that is not the area where there will be a traditionally high volume of traffic. It is a service which we have to provide. You see, we provide for a large building and we have 20 on site parking spaces wtien only 8 are required because tnat is what is needed. We don't want the people to block tnat space and be parking in the street, driving around„ erCatitig a hazard, looking around looking for parking spaces because the allowed 8 certainly is not enough, and if we took that. out we could provide space for additional reservoirs, but it wouldn't suit the purposes of that neighborhood, and would probably result in a greater hazard than what we're asking for today. So I think if you see the whole picture, you'll understand why we're doing this and we are not creating the problem which you envision in your ordinance. I might add that there were 14 letters in favor of this project before the Zoning Board and only one gentleman who has a, the doctor who is here today, he has a business a little bit to the left of this site, and he is concerned about the back up in traffic in front of his business and a hazard it might create. And again, I tell you that we put the automatic teller in there for that purpose and we are, in effect, being penalized for doing that. Mr. Plummer: One of the greatest problems that I see in this particular site plan is the fact that your back up, if it occurs, is going to be on N.W. 7Ln Street, and we all know how heavily 7th Street is traveled. Now, I might think differently if your back up were to occur even on a side street - which I still chink is a hazard. Okay? That you should provide. Now, I'm saying that in most banks that I know of, the automatic teller is on the regular parking of the property where you park, get out of your car and you go to the automatic teller, and I see nothing wrong with having it reduced down to one teller on the drive-in and also that I would want, as I have on all others that we have a one year review conditional review at the end of one year. Now, and what that means is, what that means so that you'll understand it, that at the end of that year if this bank for some reason does a tremendous - which we hope that he will - and that 10 spaces are not adequate, that this Commission his the right to go back and demand more or to close it down. N.W. 7th Street is a very high velocity street. If the neighbor who lives on the other side nds no problem with the 10 foot, you're going to provide the adequate wall and landscaping, I have no problem with it. I nave no problem with #4, my problem is with #5. Mr. Shockett: May I respond to that? Mr. Plummer: Surely. Mr. Shocketc: We could come in here without your approval and not ask for d variance to have the one teller. Mr. Plummer: No, sir. No nor- according to this, you only have nine spaces even for the one teller. Mr. Shocketc: Well, we could add Lhe extra space. But we could come in wiLn one teller. We feel, in our opinion, that one teller could conceivably cause the problems that you're concerned about, the back up. That is why we added the automatic, co get the people moving quicker. This is the business people, the bank people, Mr. Botifol, who nds o lot more people than I do. Mr. Plummer: Excuse me, I'm saying that you have an alternative for the al"MdLiC teller, and that is like most other banks wntre people get out of their car and they walk up and they use it, and they use the 20 spaces that you provided in a parking loL. Mr. ShockcLt: I have to beg to differ with you that. Mr. Plummer: That's what makes the ball games. i gl 52 February 27, 1986 r 9 0 Mr. Shockett:.... most of the automatic tellers are drive up. The ones that I see, there are walk up tellers and there are drive up tellers at the same facilities. This is my experience, and I think that Mr. Botifol will bear me out, since he is the banker and knows the business. Mr. Plummer: Well, Commissioner, I've made my point, the rest of the Commission have their right to express their. opinion. You know, as far as I'm concerned d one year review on one teller with the nine, I will go along with even though it is one less than what you should be providing. Mr. Mayor, I've made my point if anyone else, tnis gentleman wants to speak in opposition. Mayor Suarez: Yes, sir, go ahead. Yes. Mr. Rod Borden: Mayor, Commissioners, my name is Rod Borden. My family has owned the business and the property next door to this site since 1951. We are an electrical contractor in Dade County for 40 years, we were founded in 1946. Our place of business other than until 51 was on Coral Way, still in your jurisdiction. The thing that I would like for you to look at in which the Zoning Board addressed itself to is what Commissioner Plummer alluded to is that N.W. 7ih Street, and specifically in this area, is very high dense traffic. The problem is, and I have to point this out on a map, you're at 28tn Avenue which is one block from 27tn Avenue which is another major artery. If you view the traffic at any given time at that intersection it is backed up. It does not lend itself to traffic signdilzation which is I assume why the D.O.T. turned it down. Let me show you why. Mayor Suarez: You can take that around to the other side if you want so you have a little more. Mr. Borden: This is N.W. 7th Street. Here is the Avenue that you're talking about, right here. It does not go straight across 7th Street. You either have to turn right to go to 27th Avenue or wait to clear two lanes of traffic to turn left and go west on N.W. 7th. The problem you're having with traffic there is you do not have a left turn arrow at N.W. 27tn Avenue, therefore, you continually nave people making left hand turns to avoid the light and go down to the next light and go to 27th. The neighbors which ne exactly said is correct, and first of all, I have no objection to the bank myself, to be perfectly frank, because it upgrades the neighborhood, I just think that this particular site is very hazardous; the next reason being this avenue, for those of you that know the area, goes right to St. Michael's School and is heavily traveled with parents taking their children to school which members of the Zoning Board took exception to also. One thing we're talking about is you're saying that we only have in the reservoir one lane of traffic. My property abuts right here, I have 13 parking spaces that sit right on 7th Street. You have an in flow of traffic going here to the drive-in tellers, nothing was even said about the fact that the parking lot you're going in and out here also. You cannot get any traffic signalization or relief if it does back up and that is my point of contention, and I think that is why D.O.T. turned it down that you're going to enter into a condition exactly like Commissioner Plummer said that in this particular location you're going to have a traffic hazard no matter what they try and do because it doesn't lend itself to signalization or any relief and that is the main reason that I'm objecting to it. Furthermore, I'm not a doctor and second of all, the gas station which has been there for years and years, was a Gulf station and it never has been open for 24 hours, even the owner you represent never kept it open 24 hours. But that is just a point, I wanted to correct the record. But basically the reason is this is a very difficult traffic situation. Mayor Suarez: I just want to ask our department. Is there any way to prevent left turns into the parking lot and the drive-in from N.W. 7th Street? UNIDENTIFIED SPEAKER: No. Mayor Suarez: Commissioner Plummer says they're unenforceable, but even theoretically is there any way to prevent it by a double line? Mr. George Campbell: Well, even with d double line I think you would have a problem, they would turn anyway. Mayor Suarez: They cuuld do it anyhow? A gl 53 February 27, 1986 Mayor Suarez: What is there, is there a double line or do you have markings that seem to imply that you can turn left there? Mr. Campbell: I believe they have the lanes marked on 7th Street, a solid yellow line. Now, the only way that you could literally prevent it would be to raise a median down the center there which would prevent turning in there. It is the only way. Mr. Plummer: On 7th Street there is no where else there is a median. Mr. Campbell: Well, that's what I'm saying, the only it could be done would be to put a physical barrier there and that's not feasible. Mr. Plummer: Let me ask of the Law Department. Madam City Attorney, if we do pass this with conditions imposed, the applicant is Real Estate Partners, whiln I assume is not a holding company of the bank, is that correct? Mr. Shocketc: No. Mr. Plummer: Does this, if we were to approve on conditions whatever they may be stipulated by this Commission, does that bind the bank, because they are not the applicant? Mayor Suarez: Or any successor? Mrs. Dougherty: It binds the applicant, it becomes a part of the land and It becomes a zoning violation if they don't comply with the conditions. If, in fact, the bank is operating. i j Mrs. Dougherty: Yes, sir. Mr. Plummer: Okay, thank you. Mr. Shockett: Might I just respond to one statement? As I say, I'm an attorney, not a banker, but Mr. Botifol gave me an example what frequently ? occurs and what. precipitated the addition of the automatic teller. For example, in those neighborhoods you nave small business people, for instance your neighborhood grocery store, they will come into the drive-in teller and they'll get their change and do their banking business, and it can take 20 i minutes while they sit there, one single teller. That is why we have to have the second teller, and it is an automatic teller, to relieve the congestion. There will be a security guard, if it ever gets crowded, to make sure that the people that don't require that time go through and use the automatic teller, and this particular project, so you understand, my clients own it and cney are going to lease it to Republic Bank and Republic Bank, is not going to lease it if they can't use it for their purposes. So it we don't get it then Republic will not have any obligation to operate there. But I think that, you know, experience and the people in the business, that that should be attended to and should be given consideration. Mr. Plummer: Well, sir, I don't think we are speaking to cne banking business. I think we are speaking to traffic safety. The Department of ' Transportation has denied the permit. Those are the experts when it relates to that which we are here talking about. The Planning Department has denied ic, the Zoning Board has denied it. Everybody down the line has denied Item 5. Okay? Now, I'm not in agreement on Item 6. If the person next door nits no objections surely I have none. Now, Mr. Mayor, if everybody else is finished and made their peace and done their thing, I am prepared at this point to move Item 4. 3 Mrs. Kennedy: I second. Mayor Suarez: We have a motion on 4 and a second, we are going to move on Y behalf of the applicant which would benefit you, maybe you ought to wait to see the vote on Icem 4 and then reserve your comments on Item 5 or whatever. Mr. Plummer: You might not have any comments if it doesn't pass. Mrs. Kennedy Or is may pass and you don't need to make any comments. Mayor Suarez: We have a motion and a second on item 4. Any further discussion from the Commission? Please call tnv roll. gl 54 February 27, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-157 A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN FACILITIES AT THE REPUBLIC NATIONAL BANK LOCATED AT 2800 NORTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN, AS PER PLANS ON FILE AND ZB RESOLUTION NO. 14-86; ZONED CR-2/7 COMMERCIAL - RESIDENTIAL (COMMUNITY); SAID PETITION HAVING BEEN FILED IN CONJUNCTION WITH SPECIAL EXCEPTION APPLICATIONS FOR A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FOR A DRIVE-IN FACILITY AND REDUCTION IN WIDTH OF THE TRADITIONAL AREA WHERE A CR LOT ADJOINS AN RS-2 DISTRICT; FURTHER PROVIDING AN ANNUAL REVIEW OF THE HEREIN GRANT OF PERMISSION WITH THE INITIAL REVIEW TAKING PLACE ONE YEAR AFTER THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR SAID FACILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 14. PERMIT A REDUCTION ON NUMBER OF RESERVOIR SPACES REQUIRED FOR DRIVE-IN FACILITY FOR REPUBLIC NATIONAL BANK AT 2800 N.W. 7 STREET. Mr. Plummer: Mr. Mayor, on Item 5, I would like to amend it to one teller with a conditional review in one year. I so move. Mr. Carollo: Second. Mayor Suarez: It has been moved and seconded. Since we prevented you, Dr. Botifol, to have an opportunity to say something on this. Go ahead, because we've got a motion for denial. Mr. Plummer: No, sir, it's not a motion for denial, it is a motion for approval with amendments. Mr. Pierce: Commissioner Plummer, will that be one year from the date of C.O.? Mr. Plummer: As always, and I want it for the record that, that is what we have done on every one of the applications that provided less than that which was required. Dr. Botifol: My comments will be addressed to Commissioner Plummer, which I respect very much because I consider him the most capable person in reference to drive-ins, and I think he has been the one who has been always establishing more or less a regulation for the drive-ins which I think are very needed, and in this particular case I agree with him in certain things, but there is something that doesn't make any sense to me and chat has, it is completely impossible to imagine, which is this.... (INAUDIBLE COMMENT) In$Lead of nine, we might need fourteen. ry gl 55 February 27, 1986 .{ j i Mr. Plummer: That's why we're doing the one year review, doCLor. Dr. Bocifol: All right, I agree whatever figure you consider necessdry, I agree with you, you say nine is not enough, ten, eleven, etc. But once we decide and we agree, let's say nine is correct, what doesn't make any sense to Me is that we don't allow to have two people to serve those nine cars because as far as I can see it, if you have two people, you avoid what you're trying to prevent which is to have a big line here. You're going to have a much bigger line if you have only one person taking care of the line instead of if you have two. So really two will expedite, prevent exactly what you say, which is that maybe the cars instead of being here will be here. Now, that wouldn't mean that on account of that you have more cars, I don't think so, because the need of the cars is independent of the services. Mr. Plummer: The demand. An what I'm asking you to do is to take the automatic teller and put it in, so that the parking of your parking lot will use the automatic teller and take off of the demand of the other. Dr. Bocifol: And then have two demands? Mr. Plummer: No, doctor, one. Dr. Botifol: But what is the sense to have only one if with two we make the line go faster and we prevent the backlog? Why? Would you give me a good reason... Mr. Plummer: The second tell,:r, the automatic teller you can put and use the 20 spaces in your parking lot already and it doesn't put a greater demand on the drive-in. 1 Dr. Botifol: No, the automatic teller, as a matter of fact, I will not even 3 put it there, I will put it some place here and let the people come and walk. 3 Mr. Plummer: That's what I'm saying. Dr. Bocifoi: Yes, but on the other side, suppose I don't put the automatic teller, so I don't get that kind of traffic there and I have two people attending the line, that will solve the problem much better, and I don't put the automatic teller there, I'll put it in here in the corner here and let the people walk. Mr. Plummer: Doctor, I assure you, I assure you that in one year review, if that is true, I will make the motion, after we have had a one year experience, '• to let you nave the second one. Okay? Grow with us. Now, I want to also tell you I'll make the motion if the demand is for thirty cars, chat you're going to have to provide that. I work both ways. Dr. Botifol: Okay. Mr. Plummer: I think you have a motion and a second. a Mayor Suarez: I think since we have a motion and a second, and under discussion that suppose you had the one line and ten tellers to serve tnem, 1 doctor, I think that more people would be attracted, I think the line is affected by the number of tellers that you've got and could create more of a traffic flow problem, later on because people would nave a higher expectation of being served there. In any event, I think we have gone as far as we can on this issue. We've got a motion and a second. Any further discussion from the Commission? Please call the roll. gl 56 February 27, 1986 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-158 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2031, SUBSECTION 2031.2, TO PERMIT A REDUCTION OF THE NUMBER OF RESERVOIR SPACES FROM A REQUIRED MINIMUM OF TEN TO NINE RESERVOIR SPACES ON LANE ONE AND FROM A REQUIRED MINIMUM OF TEN TO ONE RESERVOIR SPACE ON LANE TWO FOR THE PROPOSED DRIVE-IN FACILITY FOR THE REPUBLIC NATIONAL BANK LOCATED AT 2800 NORTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN, AS PER PLANS ON FILE; ZONED CR-2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY), SAID SPECIAL EXCEPTION PETITION HAVING BEEN FILED IN CONJUNCTION WITH SPECIAL EXCEPTIONS TO PERMIT A DRIVE-IN FACILITY AND A REDUCTION IN WIDTH OF THE TRANSITIONAL AREA WHERE A CR LOT ADJOINS A RS-2 DISTRICT; FURTHER PROVIDING AN ANNUAL REVIEW OF THE HEREIN GRANT OF PERMISSION WITH THE INITIAL REVIEW TAKING PLACE ONE YEAR AFTER THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR SAID FACILITY. (Here follows body of resolution, omiLLed here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by Lhe following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Rosario Kennedy ABSENT: None. Mr. Carollo: While voting yes, I'd like to ask Lhe counselor what tee ne is paying Mr. BoLifol, because with the presentation that he made, I would certainly like to have him representing me in anything in the future. 15. PERMIT CONSTRUCTION OF DRIVE-IN FACILITY FOR REPUBLIC NATIONAL BANK AT 2800 N.W. 7 STREET. Mayor Suarez: Item 6. Mr. Plummer: I move item 6. Mr. Carollo: Second. Mayor Suarez: Item 6 has been moved and seconded, any further discussion from the Commission? Please call the roll. 81 57 February 27, 1986 1% 4 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-159 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE !► OF 6, CR COMMERCIAL -RESIDENTIAL, TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PERMIT CONSTRUCTION OF A PROPOSED DRIVE-IN TELLER FACILITY FOR THE REPUBLIC NATIONAL BANK LOCATED AT 2800 NORTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN, AS PER PLANS ON FILE, WITH A REDUCTION OF THE 50' TRANSITIONAL AREA TO A 10' LANDSCAPED AREA; ZONED CR-2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY), SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SAID SPECIAL EXCEPTION PETITION HAVING BEEN FILED IN CONJUNCTION WITH SPECIAL EXCEPTIONS TO PERMIT A DRIVE- IN FACILITY AND A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FOR A DRIVE-IN FACILITY; FURTHER PROVIDING AN ANNUAL REVIEW OF THE HEREIN GRANT OF PERMISSION WITH THE INITIAL REVIEW TAKING PLACE ONE YEAR AFTER THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR SAID FACILITY. (Here follows body of resolution, omitted nere and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Cdrollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. 16. LONG DISCUSSION - INSTRUCT ADMINISTRATION TO OBTAIN MASTER PLAN OF ALL OF VIRGINIA KEY; OTHER PROPOSALS CONSIDERED BUT NOT PASSED. Mayor Suarez: Let's go to Item "E" that we had passed up before. It was a 4:00 o'clock scheduled item authorizing a unified development project. Who do we hear from on this? Mr. Pierce: Mr. Mayor, the Manager is on his way back down. In the meantime, Mr. Gilchrist will present the item. Mr. Carollo: If I may, I see Mr. Acting Assistant City Mdndger, is that appropriate, Walter? Mr. Pierce: Here's the Manager. I didn't want to answer tnat one. Mr. Carollo: And you are the City Manager, correct? Mr. Odio: The City is hot, I just discovered this City is very hot. Mr. Carollo: Since this item has been placed on the agenda, and it was an item that we discussed last time, for it to come back, so chat this Commission can make a final determination based by the facts that we did not nave at tnu time, Plummer... J. L., well, I have to wait until we nave a full Commission. 0 gi 58 February 27, 1986 I It What I would like to do, I'd like to again request, .in the form of a motion, that before we put anything out for an RFP that we nave a complete master plan of Virginia Key, together with the Marine Stadium and the water areas around the stadium. I mink it is appropriate that before we cut any other parts out and put it out for an RFP, that we have a complete master plan and then put everything out at one time or at different times based on the complete master plan that we have. At this point in time, I'd like to wait for J. L. Mayor Suarez: Proceed, Mr. Gilchrist. We have a motion that will be considered as soon as Commissioner Plummer gets back. Mr. Odio: Well, Mr. Mayor, really all you have to do, we were told to bring the RFP back today and you have to take Commission action but if that other motion that Commissioner Carollo is now proposing will supersede what we are doing, so. Mayor Suarez: In the meantime, let me ask you, we had asked, I think, I don't know if it was the Commission or Commissioner, that asked for an opinion on the Comprehensive Master Plan, and now this might be an amendment or not an amendment to it. Do you have an opinion on that and is that reflected by the memo dated February 24, 1986? Mr. John Gilchrist: It is a memo from Sergio Rodriguez and he should speak to that, sir. Mr. Sergio Rodriguez: In my memo dated February 21st to the Manager, I specifically mentioned that the RFP, if amended, and It was amended, Lo include the language that says the marine recreational oriented cultural, { sporting, entertainment and retail uses, including food and beverage sales was included, would make it conform to the Master Plan of the City and to the Master Plan of the County. The only other cautionary notice that we mentioned was that there should be some statement in the RFP dealing with compliance with the South Florida Building Code, due to the changes that have been introduced by the Florida Legislature on the Coastal Zone Protection Act of 1985, and also a noticed that it might require compliance with the Dade County i Shore Line Development Review Ordinance. Those things nave been incorporated in the RFP at this point. Mr. Plummer: Well, let me ask this question. Don't we have a contract with the Hancock on food and beverage? When does that run out? Mr. Odio: It still has about ten years to go, I believe, nine years at least. Mr. Plummer: Okay, then the question is how could we go out with an RFP when there is a present contract there? i i Mr. Odio: They would have to be purchased out or the concessions could not be.... Mr. Plummer: Excuse me, you are including hers food and beverage and yet you have no contract... d Mr. Carollo: Tnis is why we need a master plan. Mr. Plummer: Exactly. Mr. Carollo: Give them time to look at everything. you know, you've made my point again. Mr. Plummer: Well, let me get on the record, if Mr. Mayor, I can if its agreeable. Mayor Suarez: Go ahead. Mr. Plummer: I just don't understand how we can take that only 1,047 acres, which we really don't have that much left now, and do it on a piece meal basis. If we're going to have any kind of a unified development it has got to be — hell, this is an island. Now, I have no problem... Mr. Odio: It's not an island, it's a.... gl 59 February 27, 1986 1 i t i Mr. Plummer: It's not an island? You walk across the water and I'll make you Manager for life, send you to a hotel in France. You are the City Manager for life - yes, of 1607 Micanopy, yes, sir. I have no problem with making it a section A, B, C, D, but I just know how you're going to cut this thing up tndt you can't go out for a totally unified development of that which is self- contained. Mr. Carollo: That's exdetly what I've been saying, J. L. Mr. Odio: We'll di whatever you instruct us to do. Mr. Plummer: Well, excuse me, that did not vote, tnat did not pass tnis ' Commission. i Mr. Carollo: I'm getting ready to make a motion to see if the Commission could reconsider again. Mr. Plummer: Well, the only problem I have, Joe, is that there is a binding - I assume binding contract - that is presently in existence. Mr. Carollo: -Well, they have to cake all that into consideration when they're making the whole master plan development order of it, so. Mr. Plummer: Okay. I hate to be sitting there with a contract for ten more years and say, "What the hell are they doing?" Mr. Odio: Can I get a clarification on terminology? Do you want a master plan or a unified development order? Mr. Plummer: Unified Development. Mr. Odio: Okay, thank you - for the whole area, including the stadium. Mr. Plummer: But not limited to an individual applicant making a proposal on s a single parcel. Mr. Odio: Fine, you instruct me to go out to develop tndt and we will do it. i Mr. Carollo: J. L., let me ask this: Which is the best way chat, if it was i up to you, you didn't have five people instructing you what to do, that you would go about it in the best professional manner? i Mr. Plummer: Like Watson Island, he wishes it would sink. F ;i Mr. Gilchrist: What we proposed at the last Commission Meeting was to do a 4 Master Plan for the entire Virginia Key properties owned by the City of Miami and, therefore, to conclude what UDP's or Unified Development Project mignt be issued; it may be more than one, you know, it may be for different sections of j the island, but based on a conceptual master plan of where the City would be aiming to. Mr. Carollo: See, this is what I'm saying, J. L., we need a master plan first and then we go with the unified development order, based on the master plan ' and basically, at this point in time, I would like to make a motion chat we f instruct the administration to go out and make a master plan of all of Virginia Key to include the Marine Stadium and the water in the horseshoe area. Mr. Plummer: Joe, I can agree witn that as long as it does, in fact, has an inclusion that it does not affect chose leases presently in existence or already negotiated - and I'm not going to pull any punenrs with you because I know how you feel and I know how I feel about Casino Espanol. Okay? That is a negotiated lease and if that is excluded, for the right of this Commission to decide, then I can go along and I will go along because I think it is absolutely correct. But you still have an existing lease with Barge, and as far as I'm concerned, that lease is in effect even though they have been put on six months notice either to do something or it reverts back. You have an existing lease with the Rowing Club. Mr. Carollo: Well, what I'd like to do, J. L., is any existing leases that we have, period. 81 60 February 27, 1986 It It Mr. Plummer: Or negotiated? Mayor Suarez: That is true in either case, if we go through a unified 5 development project for this site or for the entire island, we nave to respect existing leases, or negotiate them, which is what we did in Bayside, not always to the benefit of the taxpayers, and that is always a concerti, j obviously. Mr. Plummer: Mr. Mayor, I'm making no bones about it, I will not vote for to exclude the possibility of the Casino Espanol, that is yet still to be decided by this Commission and it the three votes tit this Commission turn it down, well, then it is part of the Unified Development. Mayor Suarez: Well, the reason that I mention that is that the issue was i raised today as to d lease, I mean as to a concession or an agreement is having to do win... Mr. Odio: The Marine Stadium and wnerc the nut is and.... Mayor Suarez: No, I know that. Mr. Carollo: Basically what J. L. is saying I think is clear about tiny existing leases, but what he wants to include is the possibility of Casino Espanol getting a lease, which they do not have now. Mr. Plummer: having the opportunity to be heard by this Commission, yes, sir. Mr. Carollo: Just fine, if you want to include that in there we'll include Mr. Plummer: And I would also, Joe, say this to you. I have absolutely no problem, for example, if the Rowing Club wanted to be included in there for some possible negotiations for some ocher thing, I don't wane to exclude that. You know, if they wanted to move off the island and the unified developer said hey, we'll give you $10,000,000 to move... Mr. Carollo: Fine, but at least based on what we have left there is what j we're instructing them to come up with a master plan for. Mr. Plummer: I have no problems, sir. As a matter of fact, I think it is the only way to do it. Mr. Carollo: That is the only way of doing it. i Mayor Suarez: The argument being used, if that is the preference of the Commission — it is not my preference, but if it were the preference of ehe 1 Commission, that's one thing. But the argument being used that there is an existing agreement with Hancock as to... Mr. Odio: The concession rights to the Marine Stadium... Mayor Suarez: Applies even more to a unified development plan for the entire island, actually, or applies just as much, so that doesn't cut either way. Now, the Commission has to express its preference as to whether it wants to, in fact, develop, or not even develop, to improve really, the Miami Marine Stadium area. We've got someone that wants to spend money there, apparently; we've got at least one prospective bidder, we can reject all the bids if we don't want them, without having established any right to sue, from what the City Attorney told us last time around, and I just don't see why we're rehashing the same argument we had last. time, which took quite a long time, and I'm ready to vote on it just like I was last time. We're just simply moving to the next step in a UDP, you're recommending a unified developmenc project as opposed to competitive 'rtidding because of the nature of it. Mr. Gilchrist: No, Mr. Mayor, they are- the same thing. This request for proposal we have before us is a unified development project proposal. Mrs. Kennedy: But it wouldn't affect the proposals anyway, right? 5' :+ Mr. Gilchrist: Pardon? Mrs. Kennedy: It would not affect the proposals that are already in? gl 61 February 27, 1986 Mr. Plummer: That are already in. Mr. Gilchrist: We don't have a proposal already. Mayor Suarez: No existing leases or leasehold rights? Mr. Gilchrist: Well, the request for proposal simply recognizes that there are existing leases there and a proposer has a right to come in and negotiate with them or to... Mayor Suarez: And we would never be required to pay moneys to get rid of one of those leases if the bidder is able to negotiate with them that's his problem. Mr. Plummer: Mr. Mayor, it is no different than Watson Island in Which the people that have the rights there till the first of April, can negotiate win the Outboard Club, they can negotiate With the Yacht Club... Mr. Carollo: J. L., please, don't compare Virginia Key to Watson Island. Mr. Plummer: You mean to Atlantis? Mr. Carollo: Roberto, up here. Give you name and address, please. Mr. Roberto Cambo: Distinguished Mayor and Commissioners, my name is Roberto Cambo, 1316 N.W. 23rd Street, Miami. I would like to ask, in my particular case I have been analyzing some of the projects at Marine Stadium. One of the proposals that I have already in plans with architects is considering the land right next to the Planet Ocean, and I'm proposing to build a park for the City of Miami right along with a low food item, or a fast food operation right in there and we plan to build a park in there. Now, in that particular case, what is going to happen for my future project? Are you willing to consider it? Are you willing to analyze it? Because I think this is a very good proposal for the City of Miami where you can generate a very good revenue. Mr. Plummer: Mr. Cambo, sir, what we're doing is we're making the availability to where you can bid on it. At this present time, sir, you can't even bid for What you are proposing. 1 Mr. Cambo: Well, that's why I like to clarify the record. Mr. Plummer: We're creating the vehicle so Chat people can bid. Mayor Suarez: Either way you would be able to because this particular UDP would not affect the property you're talking about. Mr. Plummer: That's correct. Mayor Suarez: Actually, the master plan may or may not, if it were developed and if we felt that there ought to be any developments on that island, beyond i the Marine Stadium and the typical use that we have had in the past, may not provide for what you're planning, it depends. ; Mr. Cambo: Well, according to what I checked on all the written testimony that I saw here, definitely, my proposal, it goes in what you people are a looking for. That is exactiy What I'm trying to do. But I don't want to continue with my plan and then one month from now say, we are not going to consider that, because I would like to know if you are willing to consider it, if it is something good for the City. Mr. Plummer: Well, excuse me, that which is before us, not what Commissioner Carollo is proposing, sir, would not include the parcel that you are looking at. Mayor Suarez: That would not affect you, what you're talking about. Mr. Cambo: I can continue then with my project. a Mr. Plummer: Excuse me. It would affect you to this extent, that you would have a tough time making any kind of a proposal or bid when the City has not a; Put it out. What Commissioner Carollo is trying to do is put the whole island t gl 62 February 27, 1986 1 so we can see it where you don't have a slice of the bologna over here and a slice over there, so that we can have some semblance, there is nothing wrong With progress as long as it is orderly. Mr. Cambo: Of course. Mr. Plummer: And what he's trying to do is to make it so tndt you could bid on any parcel that is already not committed. Mr. Cambo: Very good. Mr. Carollo: Roberto, basically what we're trying to do is let Paul know wndt Peter is doing. Up to now that hasn't happened there. Mr.Plummer: Easy now (LAUGHTER). Mr. Combo: Thank you very much. Mayor Suarez: We have a motion, it has been seconded. Any curttier discussion from the Commission? The motion would again, as last time, include the entire island in a master plan, I guess would be the way to phrase it, and leading up to possibly a UDP for the entire island, as opposed to a proceeding on this particular stadium and the uses adjacent to it and in concert with. Mr. Carollo: In other words what we're saying is let the processionals have a look at that whole acreage that we have and let them come back to us and give us their best opinion on the best use of it for the City and what would give the City the best economic return. Mayor Suarez: We're also driving away someone who is interested in developing the Miami Marine Stadium, not developing it really, but fixing it up possibly. In any event, I think we have a motion and a second, we can't argue about this at every Commission Meeting, so why don't we take a vote on it. Call the roll, please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 86-160 i A MOTION INSTRUCTING THE ADMINISTRATION TO GO OUT AND DO A MASTER PLAN OF ALL OF VIRGINIA KEY, INCLUDING THE MARINE STADIUM AND THE WATER HORSESHOE AREA, INCLUDING THE ENTIRE ISLAND LEADING POSSIBLY TO AN R.F.P., GIVEN THAT THIS PLAN DOES NOT AFFECT ANY CONTRACTS OR LEASES PRESENTLY IN EXISTENCE OR NEGOTIATED FOR SAID AREA; FURTHER STIPULATING THAT IS CASINO ESPA170L OR THE MIAMI ROWING CLUB WANT TO BE HEARD REGARDING POSSIBLE INCLUSION IN SAID PLANS, THE CITY COMMISSION WILL HEAR THEIR REQUEST. 1 Upon being seconded b Commissioner Plummer, the motion was g Y , passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. Mr. Dawkins: Mr. Mayor, I need a little information. In here, I read this and I need somebody to explain it to me. It says, "Although minority equity participation is not a requirement of this request for proposal, true equity position with local minority partners, not rent -a -citizen will be viewed favorably in the evaluation of proposals." Why the hell it's not a part of it? Mr. GilchrisL: Commissioner, we went through several stages of concern for that. I personally wrote into the Bayside proposal that there should be equity participation. gl 63 February 27, 1986 f Mr. Dawkins: I'll end all that right now, let me end all that. I make a motion that any R.F.P. that's put out contains a statement that minority equity participation is a requirement. Mr. Carollo: I second that motion. Mr. Gilchrist: Thank you, sir. Mr. Carollo: You understand, Miller, that whatever they wrote here now is not valid, they've got to come with a whole master plan and present it again, but this will apply to everything they do. Mr. Dawkins: Yes, I understand. That's right, Joe, make them put it in, that's what we're saying. Mr. Gilchrist: Yes, sir, I understood what Commissioner Dawkins wanted. What happened was after Bayside, I was ordered by the then City Manager to put this kind of language in R.F.P.'s from there on. Mr. Carollo: Which City Manager was that? Mr. Gilchrist.: That was Howard Gary, sir. And I appreciate what you nave done, Commissioner. Mr. Dawkins: Well, let's see, it's not done yet, we've only got two. Mayor Suarez: Why is it not already a requirement, John, I didn't understand it? Mr. Gilchrist: In the Bayside proposal, which was our first effort under unified development, I wrote in that minority equity was a requirement. In the process, there was a lot of discussion in the community and here at the Commission, as to the quote "Rent a Citizen". I don't want to go back into that, but one of the proposers had simply paid minorities to put their participation into it and it was criticized. So, I was ordered by the then City Manager, Howard Gary, to not include equity participation in the following R.F.P.'s and to use this language which is in here, and I was just still continuing that. It says that we don't rule it out and... i Mr. Dawkins: You're saying it's not required but if you come in with it you R get some brownie points. Mr. Gilchrist: No, that it would be considered as part of the... Mr. Dawkins: You'd get some brownie points and help you win. Mr. Gilchrist: Yes, sir. Mr. Dawkins: And that's not necessary. We're going to determine nere with this Commission either we want minority participation, full minority +: participation with money, you buy in where you have a right to vote. We're not going to rent you as a citizen and when it is over pay you off and you get out and you can't vote. a Mr. Gilchrist: That's what we were trying to overcome. Mr. Dawkins: That's what I'm saying. Mayor Suarez: Let me just say something, Commissioner Dawkins, on this particular motion. I presume that's not going to be what you're particularly interested in and I'm going to ask you to withdraw your motion, out of deference to the rest of us who have nut considered it, if you would, without invoking the five day rule for the following reason. Mr. Dawkins: Hold it, you can't invoke the five day rule, this has been in your package. Mayor Suarez: No, the motion to require from nere on that minority equity participation for the following reason: I don't know how it would affect a situation Where the only way we can get an investor to come into our City and invest his money - that may not be like Bayside, because in Bayside it seems gl hh� 64 February 27, 1986 a .. s like they invested basically our land and not their money, but thdt is another issue, and how we might scare them away if we can't get sufficient minority investors other than by that stratagem really of rent a citizen which we complained so much about, both those who were in office and those who were not, and really, I personally would like to spend a lot more time considering this. I have no general objection to the concept, but it might be counterproductive to minorities. Mr. Dawkins: It is counterproductive, cause we don't ever own a damned thing and the reason wa don't ever own anything is because you always come up with tndt line of rhetoric that we're going to drive someone away because you all ain't got no money. Now how in the hell are we going to get money if you don't let us participate? Mayor Suarez: But you're imposing a requirement of having a certain percentage investment... Mr. Dawkins: You're damned right I am. That's what I'm doing. Mr. Carollo: Miller, I'm with you on this, the only thing that you mignt want to consider is we've got plenty of time before this comes back to us, or anything else like it comes before the Commission again. What you might want to consider is give the Mayor the opportunity, and all of us, to go over the issue that ne brought up and at the same time one area of compromise that might meet both of your concerns and mine, is that we might go ahead with the proposal that you made and I seconded, but have an out that if the Commission sees a situation such as Xavier has mentioned, that the requirement can be waived with a 4/5th vote. Mr. Dawkins: Okay, no, I'll do better than that, Joe, let me do this. I withdraw that motion and I offer this motion. No R.F.P.'s for anything in the City of Miami be let until this is settled. Which means that we nave to get together and get an agreement on this and then you can... Mr. Carollo: I'll second that motion, I think it is fair. Is there anything that we're going to hold up in the next month or so? John, do you know anything that we might hold up? Mr. Odio: None. Mr. Carollo: I think it is a fair motion. I'll second that. Mayor Suarez: Again, respectfully, Commissioner, I'd ask you to withdraw that because it just hasn't given us, the rest of the Commission, enough time to consider what effect that might have. Mr. Dawkins: You've got enough time, I said we've got to come together, meet and agree on it. Now, how much more time do you need than that? Mayor Suarez: Well, I don't know what on going R.F.P.'s or projects it might stall, really. It might even do something to... Mr. Dawkins: Well, I'm not going to withdraw it, you ail vote it up or vote it down, I'm not withdrawing it. Mr. Carollo: I think the administration said that there are no R.F.P.'s that are up anytime soon now. Mr. Plummer: Yes, there is, Joe — Casino Espatfol is up. Mr. Dawkins: Hold it, Espinosa is a minority, that is Cuban. UNINTELLIGIBLE CONVERSATION. i Mr. Gilchrist: It's not a unified development project, it is a lease. Mr. Plummer: What he is proposing does not affect that, is that correct? 3 Mr. Odio: We are negotiating the lease now, tnc R.F.P. was already put out and replied. Mr. Plummer: Very simply, does this motion affect the Casino Espaftol? gl 65 February 27, 1986 14 14 Mrs. Dougherty: If they don't exclude it, it will. Mr. Odio: According to Lucia, it will. Mr. Plummer: So if that is to be excluded then I can vote for the motion. Mr. Carollo: Miller, if you want to go with it I'll go with you. Mr. Dawkins: Let them vote it up or vote it down. Mr. Carollo: Okay, I call the question. Can we nave a vote, Madam Clerk. Mr. Dawkins: Stand up and be counted, bate the bullet. Mr. Plummer: Can we exclude... Mr. Carollo: Call the question, Mr. Mayor, I call the question. Mayor Suarez: We could take a vote on calling the question, but we don't need to take a vote on calling the questions because we can always take a vote on this Commission on dny issue. I frankly would not be ready to vote for that so I would have to vote no, not necessarily because I'm against at on the merits, but just simply I would like to have more time to consider it and it has not been before us, Commissioner. Any further discussion? Ms. Hirai: Roll Call, Mr. Dawkins? Mr. Dawkins: Yes. i Ms. Hirai: Mr. Cdrollo? I Mr. Carollo: Yes. Ms. Hirai: Mr. Plummer? Mr. Plummer: I invoke the rule. Ms. Hirai: Mrs. Kennedy? Mrs. Kennedy: I also need more time. Mr. Plummer: No, no, excuse me, invoking the rule absolutely cuts off. Mayor Suarez: It has been invoked, we cannot take a vote. Dick, did you want to make some kind of remark after the prior item? Mr. Richard Shack: Yes, my name is Richard Snack. On February 13th, the Commission voted 3 to 2, to accept the R.F.P. provided that legal counsel, City Attorney, approved certain factors in it, that letcer went out, I understand, to everybody and those facets were approved. There was no vote to be taken toddy, theoretically, it was approved two weeks ago and the only thing that was to be questioned today was whether there was a legality as far as the City Attorney was concerned. Mayor Suarez: Well, there is always a formality of issuing the R.F.P., isn't it, by resolution of the Commission? Mrs. Dougherty: Yes, this was a formal resolution to be taken today, that was only a motion. This one, if you were to approve it today, you must approve the certified public accountants and the people on the committee and declare it the best method. Mayor Suarez: The other problem with the argument is that we nave previously said that we could at any time stop the process and if we now say we can't then we really have contradicted ourselves. Mr. Shack: Stop the process of releasing the R.F.P.? Mayor Suarez: Yes, in ocher words, we could even go as far, from what we were told last time, issuing the R.F.P. and then reject all of them. So we can certdinly stop the process now. gi 66 February 27, 1986 -- ? 4V i i i 1 Mr. Dawkins: I'll tell you what, I'll stop all this. I move that we accept } this and put the R.F.P. out for the unified development. Mr. Carollo: Miller, what we're doing now, we're just going against the motion that we made for a unified plan. 1 Mr. Dawkins: Well, I'm going to go against, I mean if we're going to play ball up here, let's play ball. I move that we accept, that we put out the unified development plan. And if I get a second and three votes.... i Mr. Carollo: Can that legally be placed again after we just voted for a i master plan? Mr. Plummer: Sure, but let me ask this question of the maker of the motion. Miller, what you're proposing is just for the small segment or the entire island? Mr. Carollo: What he is proposing is for the Marine Stadium and where the boats are at, in that whole area there. And what I'm saying is that it is the same thing you were saying before, J. L., how can we do that without having a complete master plan. It don't make sense at all. Mr. Plummer: Excuse me, for the record, there is no minority participation on that which we're being voted upon, am I correct? Mr. Carollo: That's correct. Mr. Plummer: Okay, then I'm going to vote against that. Mayor Suarez: We have a motion, do we have a second? You now have a svcund, Commissioner, it has been moved and seconded. Mr. Plummer: Excuse me, Mr. Mayor, I believe the proper procedure, Madam City Attorney, is that you have to rescind the other vote, is that correct? Mrs. Dougherty: You're calking about the master plan vote now? Mr. Plummer: Yes. Mrs. Dougherty: Yes. The unified development plan for the entire area? Mr. Plummer: Yes. Mrs. Dougherty: You could have them, they are not mutually exclusive. Mr. Plummer: Okay. Mayor Suarez: This could be an exception to the other vote. Mr. Carollo: But the other vote was the master plan that included this same t Site. S Mr. Plummer: No, what he is doing is your motion to have a master plan has passed. The motion presently is to take this site individually with or without the master pion, that's what the motion is here now, without minority participation. Any further discussion? Mr. Dawkins: Well, according to this you will get brownie points if you have Mayor Suarez: Without a requirement, I mean not without minority participation. 1 Mr. Carollo: I call the question, let's have a vote. Mr. Plummer: Okay, motion understood? Call the question. Call the roll. The preceding motion introduced by Commissioner Dawkins and seconded by Mayor Suarez failed to pass by the following vote- gi February 27, 1986 I* Ayes: Commissioner Miller Dawkins Mayor Xavier Suarez Noes: Commissioner Joe Carollo Commissioner Rosario Kennedy Commissioner J. L. Plummer, Jr. Absent: None. Mr. Carollo: Dick, let me be very frank with you. You know, I can appreciate j what you're doing and you've been working and trying to get this for, you know, some time now. Your proposal mignt be the best one financially for the City, but then again it might not be. Once we do a whole master plan, you know, we might find out gee, you have the best proposal. We might find out that there might be three or four other companies that are going to offer the City a million dollars or more a year. Mr. Shack: There is only one way to find out and tnat is to put out the R.F.P. Mr. Carollo: Exactly, but not to put it out nalf blind. Mr. Shack: That's not half blind. Mr. Carollo: Exactly half blind, because we don't know wndt is going to be done with all the rest of that site. And what you're doing, Dick, you're being very selfish about it. I mean if you have a great proposal then you shouldn't nalf any concerns in waiting until we nave a complete master plan, then you should win out, if you have the best proposal. Mr. Shack: But all you had to do is reject the R.F.P. at that point. As a matter of fact, your master plan, which calls for slips, completely eliminates Commissioner Plummer's boat races. Mr. Carollo: That's just what we did, we rejected it now so we could have a complete master plan. Thank you, Dick. Mayor Suarez: Wait, he's answering a questiun, Commissioner. Go anead, Dick. Mr. Shack: I said the problem right now is that your master plan of slips eliminates the boat races, among other things and what we're trying to do is just... A thousand boat slips? What we're trying to do now is merely bring in a million dollars of repair to that facility which has really been dormant. The figures came up the other day and Mr. Odio really didn't nave the exact figures, but that facility has been losing anywhere between $102,000 and $200,000 a year. Mr. Carollo: It's not dormant, sir, it's moot. Mr. Plummer: Excuse me, Dick, for your information, I don't understand how you can second guess what the master plan mignc be. Now, you know Commissioner Carollo has his ideas about a marine facility over mere, that doesn't necessarily mean that I will agree witn it or otherb. Mr. Shack: I understand that, may I interrupt a second? If the R.F.P. came out and the master plan was developed, there is a time lapse of at least the amount of days that would affect bringing out the master plan and then this R.F.P. could be refused, but we're not being given the opportunity to present it and that is a million dollars that we're willing to put in there, plus a half a million dollars for repair of the facility and this has been going on for fourteen months. Mr. Dawkins: I'm with you 100%, Dick. UNINTELLIGIBLE CONVERSATION Mayor Suarez: One Commissioner at a time, the transcript is really going to be a mess here. Mr. Dawkins: I'm with you 100%, but you can't say it is dormant, ok? Come up here. The guy behind you. Come up to the mike. No, the other guy. Just step right to the mike. How many activities have we had and what do we have scheduled, booked to come in mere? 81 68 February 27, 1986 Mr. Victor Catlili: I'm Victor Cahili, 6435 S.W. 46tn Terrace. We nave been redoing the Marine Stadium and after having finished what we have been working on the prtmises, we have had since February, in the month or February we have had eleven days of events. We have, I believe, about nine days of events booked for next month and several events after that. We nave a gredL deal of promise and we have a lot in negotiation right now. i Mr. Plummet: You've got my boat race in June, LhrrC days. Mr. Cahill: We have three days, the unlimited hydroplanes, June 13, 14, 15. On March 23rd we have the St. Patrick's Day Regatta a few days late. Wu have International Rowing the 15th and 16th of next month and we nave our Summer Pups back, we have a big Disney World Show coming in. We're negotiating right now for four days of a jazz festival. So we have a lot of things in the fire right now. Mr. Dawkins: Who is going to be the key with the jazz festival? Mr. Cahill: Davis. Mr. Dawkins: Miles Davis, right? Mr. Cahill: That's right, Miles Davis. Mr. Dawkins: I have to say that, Dick, so that when you start negotiating, you will not negotiate from a point that it is dormant, see, I'm going to nave to let you know it is making money. That's the only reason I wanted that in the record. Mr. Snack: May I just make one statement? Mayor Suarez: Yes, and before anyone does anyching, I just want to clarify, none of the activities you're talking about will be in any way impeded by the putting out of the R.F.P., in fact, they are included in the R.F.P., I believe. Walt, Dick, I think we have a Commissioner and then we're going Lo have to take precedence here. Commissioner Plummer. Mr. Plummer: Mr. Mayor, I would like to make a motion at tnis time that in all future R.F.P.'s, with the exception of those already negotiated, apply to minority involvement in all R.F.P.'s, I make such a motion. Mr. Carollo: Excuse me, what was that motion? Mr. Plummer: The motion is that we attach to all R.F.P.'s in the future the Minority Participation Act, except in those cases that are already presently negotiated. Mrs. Kennedy: Second. Mr. Carollo: So move. Mayor Suarez: Madam City Attorney, is that any different from the motion we already passed, as far as you can Lell? Mr. Plummer: No, the other motion failed. Mayor Suarez: Okay, we have a motion and a lot of seconds. Once again, I would have to vote against it simply bccaube I naven't had enough time to think about it, co tell you the truth, and how it would affect equity. Now are you including equity participation in that? And if there is no minority participants who have that kind of money the project can never be built no matter now many are employed or how many are contractors or how many participate in a variety of other ways. Mr. Dawkins: They can loan us some money , we can pay it back to them... Mayor Suarez: But that won't be equity, that's the problem. Mr. Dawkins: Why it's not equity, if you loan it and pay it off when you get through? B1 69 February 27, 1986 Mr. Carollo: Wasn't that the same thing that Dawkins presented before that you invoked ttie five day rule? i Mr. Plummer: Hey, I'm just trying to get it locked in. Mr. Mayor, I think that is the - competitive market ok? Mr. Carollo: I invoke the five day rule. Mr. Plummer: Fine, that precludes all conversation. Mayor Suarez: Let me tell you that procedurally we're getting to the point of no return, and pretty soon I'm going to invoke every rule in the book and move on to the next item. So the rule has been invoked in this particular case, the motion doesn't lie and we shall move onto the next item. Dick, you want to give any parting... Mr. Carollo: I wish one motion that you would invoke would be tnat this is dead, I don't see why Mr. Shack keeps coming back and forth. Mayor Suarez: We never heard from him, and if he wants to say something. Go ahead, sir, a point of personal preference. Commissioner, I'm going to let him say something. Go ahead. Mr. Shack: In response to Mr. Cahill and why I made the statement I did, the figures for 1983-84 show a profit of $21,000 on the Marine Stadium and the county -wide Public Facilities Authority reports for the Marine Stadium for 1984-85, $33,000. We're talking about delivering hundreds of thousands of dollars to the facility, that is why we presented the original plan. Mayor Suarez: We have heard this item more than enough, we have reached an impasse, as far as I can tell, and we're going to go ahead and move onto the next item. Mr. Carollo: Xavier, the only thing that I politely would like to just remind you is, from now on keep in mind that when you think some members of the Commission have spoken too much on an item, keep in mind Mr. Shack's name. Mayor Suarez: I really thought he had a very reasonable amount of time. 17. MARISA PARES AND GEORGE ADAMS APPOINTED TO CIVIL SERVICE BOARD (See label #7). Mayor Suarez: We have postponed the Civil Service appointments, why don't we proceed on the Planning and Zoning items. Mr. Carollo: I'm ready to bring the Civil Service appointments up. I would like to nominate Marisa Pares. Mayor Suarez: We have three nominations for two positions, do we not? You nominated Alvah Goodman? Ms. Kennedy: I nominated Alvin Goodman. Mayor Suarez: You nominated? Mr. Dawkins: George Adams. Mr. Carollo: And let me say this for the record now. We have no Hispanics that are in the Civil Service Board right now in the City that nos a work force of over half Hispanics. Mayor Suarez: We are going to have to cake nominations one by one. Mr. Carollo: I nominate Marisa Pares. Mayor Suarez: Which means that we will nave to take them in the form of formal motions and seconds. Otherwise, we will never get out of this. Which was the first nomination made? Commissioner, you had made one? gl 70 February 27, 1986 Is I Mr. Dawkins: I made George Adams first. Mayor Suarez: We have a nomination by Commissioner Dawkins, of George Adams and it's been moved as a nomination, do we have a second? Mr. Carollo: Secoud. Mr. Plummer: We arc caking individually? Mayor Suarez: Yes. j Mr. Plummer: Oh. Mayor Suarez: We are going to nave to do it, because we can only appoint two and we have got three. Mr. Plummer: On George Adams? Four for sure. Mayor Suarez: George Adams, nad been moved and seconded... Mr. Plummer: Let me just ask one question for the record. Is George retired now? Mr. Dawkins: Yes. Mr. Plummer: Oh, so there is no problem? Mr. Dawkins: (INAUDIBLE COMMENT). Mr. Plummer: OK. Mayor Suarez: Can the administration suggesc any way... Mr. Dawkins: He was retired when he was on the force Mayor Suarez: ...in which we can... Mr. Carollo: He won't be now. Mayor Suarez: ...have appointments one per Commissioner? Could we just maybe... Mr. Plummer: Change the Charter. Mayor Suarez: Yes. Is it in the Charter how many members or tnis Board... Mr. Odio: Yes. Mayor Suarez: You are absolutely sure, Madam City Attorney? Ms. Dougherty: Yes, sir. Mayor Suarez: Can you think of any other way in which we can resolve the impasse of having three appointments to be made by five people? Mr. Carollo: Yes, why don't you study it and come back to the Commission on it, Madam City Attorney. Mayor Suarez: You want to leave those three nominations pending and... Mr. Dawkins: No, Mr .... We can't because the... Mr. Carollo: No, no. Mr. Odio: Well, you can't because we don't have d quorum. Mayor Suarez: They have to function. OK. Mr. Dawkins: They can't... Mr. Carollo: They nave to function. gl 71 February 27, 1986 1 i Mr. Odio: We don't have a quorum. i Mr. Dawkins: They can't get anything done. Ms. Kennedy: OK. I'm going to withdraw my nomination. I was not aware of the fact that there is no Hispanic in the Board, so, I will withdraw my nomination of Alvin Goodman. Mr. Caroilo: Thunk you, Commissioner Kennedy. Mr. Plummer: I move that the two names... Mayor Suarez: We have two nominations thdt's moved. Mr. Plummer: ...the two names nominated be... Mayor Suarez: We don't need to close the nominations, because we are doing the same thing in the motion to accept those. Mr. Plummer: I said that tney be approved. Mayor Suarez: Right. Mr. Carollo: Second. Mr. Dawkins: Second. Ms. Kennedy: Second. Mayor Suarez: We have a motion and a second, any further discussion from the Commission? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-161 A RESOLUTION APPOINTING TWO MEMBERS TO THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file iu the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vices -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Nona. ABSENT: Nona. Mr. Plummer: Mr. Mayor, if I might.... Mr. Carollo: By the way Commissioner Kennedy, she is the only women on the Civil Service Board, also. Mrs. Kennedy: That's coming next. Mr. Dawkins: Ah you chauvinistic Rosario, ah! Mrs Kennedy: That's why I wanted to nominate Ella Hadley and you had not...on no, its fair representation Commissioner Dawkins, its fair representation. Fifty four percent of the City voters are women. Mr. Carollo: We needed a woman to replace you. We needed a woman to follow in your fine footsteps there. gl 72 February 27, 1986 Mr. Dawkins: Just keep on voting for me and we all will be happy, Rosario. Mrs. Kennedy: We need a women to follow in my footsteps as long as she does i not intend to come here next. This is my place. Mayor Suarez: This transcript is really going to be a great one to read through. .. ............. 18. DENY PERMIT TO CONSTRUCT COMMERCIAL/RESIDENTIAL STRUCTURE (POST OFFICE PLAZA) AT 3195 GRAND AVE.) Mayor Suarez: Let's go to Items 14 and 15. We are going to have to take - yours up afterwards, Mr. Hancock. Mr. Guillermo Olmedillo: Items 14 and 15 are companion items. The three issues before the Commission... Mayor Suarez: You said 14 and 15, right? Mr. Olmedillo: Yes, sir. Three issues before the Commission tonignt are the intrusion in the light plane, the reduction of the loading stalls from eignt to four and the location of the parking structure within the RS-2/2 residential district. During the last meeting there was a question as to whether this transitional use had to be considered by DCA. There was a determination by the Planning Department that this does not have to be considered by D.C.A. being a transitional use. First item is the light plane which is established in order to protect rights of light and air to everyone. The proposed project intrudes into the light plane as it is shown in the transparency and the red cross hatched area. You can see it in the projection. Second, the reduction of the loading stalls, the fact that the post Office must have exclusive rights to at least one of those loading stalls, reduces the effectivity of the loading stall the way they are set up. Third, and I think it is the most important point that we are picking up is the location of the parking structure within the RS-2/2 district must be reviewed, having in mind its impact on Florida Avenue and the surrounding residential neighborhood. The most important aspect is that if we consider that Florida Avenue may become a service alley for Grand Avenue if this type of development continues and I will refer to an aerial photograph that we nave here. Mayor Suarez: At this particular point we don't have a quorum. So, we wouldn't be able to vote, but you can proceed with the presentation if you would like. Commissioner Kennedy and Dawkins are there. Mr. Dawkins:. We have already heard this. I mean, we are familiar with tnis, sir. I mean,... Mr. Olmedillo: May I go ahead, sir? Mayor Suarez: Yes, it's really not the first time that any of us hears about this and we are pretty familiar with it. Mr. Olmedillo: Right, the project ... the subject project is located right here at the intersection of MacDonald and Grand. The parking structure is located here on Florida and Grand. The potential that this creates is that if we have development only on Grand Avenue and we have parking lots, parking structures and service entrances through Florida, which is a residential area which by the way in November of 1984 we had presented a request to change this from an RS-2 district to an RG-1 district and the City Commission denied that request at the urging of the residents of the area. If we establish that pattern by f which we have development toward Grand, but we have the rear of the building, a the service entrance on Florida, we are creating that potential not only there, but here where we have the Seven Eicven Store which is a developable site. We nave the same situation on the corner... Mayor Suarez: Which is a what site: I'm sorry, Guillermo. gl 73 February 27, 1986 0 } i Mr. Olmedillo: It can be developed. It has the potential to be developed. Then cnere is this vacant site which is across MacDonald from the Post Office Project and then not only in this site, but we are creating the potential on this SPI-2 district on Florida and what we will have at the end will be a service allay going through Florida, which will impact the residential areas on this site. The same, of course, will be repeated on the south side on Thomas Avenue. Of course, the bulk of the structure is not typical of the residential neighborhood type of development that we usually get, because the constraints placed upon the residential district or the residential development will be different. Also, the concept of using off side parking should only be used in principle for required parking, not for additional parking and then in this case we have it off side parking for required parking which, in fact, relaxes one of the limitations chat the site has, which is that of the number of parking spaces that you should provide if you nave per square footage of construction. FAR is only one of the limitations that we have. We have height limitations. We have setbacks. We nave light planes and if we relax the parking limitations in order so that the site can be developed to its full FAR, we are relaxing the whole building envelope. Mayor Suarez: Doesn't the Code envision the special use exception? Mr. Olmedillo: Yes, sir. That's one of the mechanisms to establish relaxation of certain things. Mayor Suarez: But it's not ... that particular criterion is not served in this case, is that what you are saying? Mr. Olmedillo: In principle, the Code and the interpretation tndt we nave given to the ordinance up co this point is that we try to keep necessary parking, required parking within the site and then off site parking will be only for excess parking, not for required parking. These are the three points that are before you today. Mayor Suarez: Let me ask you, if we were to constrain them, the developer to meeting the light plane requirement strictly, how much less density would he have to provide here approximately. Do you have any rough figures. From the section view, does that give you a fair estimate of how much less he would be able to build? Mr. Olmedillo: Our contention is that the atrium which is placed in the middle of the building and the whole two upper two levels can be moved, because when you see the other side which is leading into Grand Avenue... Mayor Suarez: It can be moved or shrunk all around. i Mr. Olmedillo: They can be both, either moved or shrunk. Mayor Suarez: It's either? You don't nave to do botn to meet the requirement? Mr. Olmedillo: Right, because they have in nerc... they nave a setback... they have setback their building about five feet from the construction line that they could keep. Mayor Suarez: Could you design it a little bit like the Grand Bay Hotel or something with more step down type to meet the light plan requirement? Mr. Olmedillo: Yes, sir. Mayor Suarez: Would that... Mr. Olmedillo: That will satisfy this particular issue, the light plane. Mayor Suarez: Geometrically, that's the way it seem to me when I first saw it. We nave heard from the City, can we near from the applicant and then the objectors. Or we hear from the objectors and then the applicants. on, you are appealing. Go ahead. How many people do you plan to nave testify? Or are you speaking on behalf of the whole group? Ms. Janet Cooper: For the record, Janet Cooper, attoruey at law with offices at 4014 Chase Avenue. I'm here tonight representing several neighbors, neighboring property owners and residents who... ht Y gl 74 February 27 1986 , r+ ._.,.._ .. .. .:.yam_ . 6 1 Mayor Suarez: OK. Let's establish that first of all, Janet. How many are you in fact representing, so we can limit the number of speakers? ---of the ones that are here --or are you? Ms. Cooper: I'm representing the following people; Larry Sokol of 3124 Florida Avenue. All these people own and occupy the premises. Lee Goidsmitn of 3124 Florida Avenue, John T. Green of 3158 Florida Avenue, Bill Hart of 3158 Florida Avenue, Colette Raker 3104 Florida Avenue, Carl Boehm 3150 Florida Avenue, Grady Lee Dinkins 3201 Florida Avenue, Latonya Denard of 3221 Frow Avenue, Dr. and Mrs. Micheal Marmesh who have a business at 3200 Grand Avenue and Ted Stahl who has a business at 3120 Commodore Plaza. These people will speak to you very briefly. There are others I understand who also nave the same position that my clients do and they wish to speak. I don't know who they are or how many. Mayor Suarez: But of your clients is there any here present? Ms. Cooper: I believe all of them are here. And I have asked them to speak to you for no longer than two minutes each. Mayor Suarez: In addition to your twenty minutes. Ms. Cooper: Yes, they are... Mayor Suarez: I'm saying that. I'm kidding about the twenty minutes. Ms. Cooper: And I will ask them to cut it down to about thirty-five seconds. Mayor Suarez: All right. Ms. Cooper: Just so that you get a feel for who they are... Mayor Suarez: I don't see what use it is to have people saying the same thing over and over again if you can... Ms. Cooper: They are not going to say the same thing. They each may nave a different... Mayor Suarez: It's going to be like a play. Ms. Cooper: ...slightly different part to play. Yes. And what I would like to do is let them go first, make their presentation and then I will make mine. 3 Mayor Suarez: Well, just make yours reasonable too, in length of time if we are going to have the entire group speak. 9 Ms. Cooper: Absolutely. John is going to go first and then Bill is going to snow you some slides. Quickly. Mr. John Green: I will speak double speed. My name is John Green, and I live at 3158 Florida Avenue. I have owned it for eleven years. When we spoke to the Zoning Board in opposition to the Post Office Plaza plans, basically, we weren't listened to and that's why, of course, we have hired an attorney. We did point out how it would harm the peaceful enjoyment of our homes. I poinLed out that the plans are in violation of the Zoning Code in numerous ways. No, ocic listened and we pointed out that the criteria for granting the variances and special exception were not met. Last Tuesday, I delivered to each of your offices a forty-seven page paper which details our practical and legal objections to the Post Office Plaza as planned. We are not against development. We are against this development because of the way it is planned. Tonight I bring a petition from my neighbors who opposed the plans. I have four hundred sixty-four signatures of people who oppose them and I would like to submit these two documents to the City Clerk. I ask that you do listen to us tonight and rule in our favor of this appeal. Thank you. r' Mr. Bill Hart: My name is Bill Hart. I'm a resident of 3158 Florida Avenue and I just have some slides here that I briefly like to show you, that 1& of most of the homeowners that are involved in this appeal and what our neighborhood street looks like at this time. As I said most of these homes that are being shown now are homes of the people who are appealing this '. project. There has been generally, pretty much improvement along the strcar gi 75 February 27 1986 within the last several years of individuals homes. This is the home of Grady Dinkins which would be exactly opposite the loading docks on MacDonald that are for the Post Office Plaza. Mayor Suarez: Would you know if any of those homes are listed as having a business at that address? Mr. Hart: There are two homes on the street that have businesses that are - licensed by the City of Miami. Mayor Suarez: Are those people here to speak? Mr. Hart: Yes, I'm one of them. Mayor Suarez: How can you justify that? Is Chat... Mr. Hart: tie have a desk and a computer and a typewriter in what used to be a bedroom, and Chest's the exclusive use of the business pact. Mayor Suarez: That's under the twenty-five percent use of the residential. Mr. Hari: Well, it's certainly much less than twenty-five percent. Mayor Suarez: I'm just checking to see if ttiat's. Mr. Pierce: But that would be the provision in the Zoning Ordinance that would allow that. Mr. Plummer: And the only employees you have are family? Mr. Hart: Yes, just the two of us that live in the home itself. Mayor Suarez: What kind of a business is yours? Mr. Hart: It's an interior foliage business. We lease or sell plants to office buildings or whatever and so there is, you know, no sales going on and no inventory within our home. It's just, you know ... we don't even get our mail at the house. We have a post office box, and we have nursery space in South Dade that we rent for, you know, our plants and our business. Otherwise, it's within Dade County, all over Dade County. As you can see it's a quiet little street. It's narrow and I certainly don't see how a street like this can handle the traffic that will be created by a major development like Post Office Plaza. Mayor Suarez: All of thcs� arc on Florida Avenue? j Mr. Green: Yes. Mr. Hart: Yes. This is Florida Avenue at the block between the elementary school on Matilda and MacDonald. The 3100 block. Mayor Suarez: What's the name of the park across the street? i Mr. Hart: Kirk/Monroe. This would be the view from our backyard of a building and this would be really standing about in the middle of our house looking at the building and although, Post Office Plaza's architectural design is not like this building that's been built on Grand Avenue. This is the immensity and the enormity of the building proposed. Thank you, very much. Mayor Suarez: I can't imagine that there would be that many more arguments on your side, but try me out. If it get repetitive we will have to... Ms. Cooper: I have asked the people not to be repetitive. Can we ger. the next speakers to line up so that we don't spend any unnecessary rime waiting? And the people who are not with my clients who wish to speak, it would be fine with me if you spoke now as well. Mayor Suarez: Anyone else who is an objector, go ahead and take your place in line and crake it a quick statement. Why don't we take you first, sir, since you are not part of the group. Try not to be repetitive of anything that's been said. You might state your name and address, and tell us that you agree with what's been stated, and that will still be reflective in tnc record. ,; ,_, gl 76 February 27, 1986 Mr. Jerome Parnes: Yes, my name is Jerome Parnes, 3034 Oak Avenue. First let me sec the record straight tnat I'm not against business or development, just this project, and I'm a member of the COCO[lut Grove Cnamber of Commerce, and I'm not used to speaking in such a big group. So, excuse me. My main concern is the safety of the children which could be endangered by this project. This project is less than a hundred yards from the Coconut Grove Elementary School. This school, I am sure, will continue to exist with a growing number of children being born to both the young White and the stable Black community. With the construction of a parking garage and loading docks, I reel that this influx or traffic would jeopardize the safety of the children coming and going from school and playing in the small City park adjacent to this project. In the Miami Herald, the Neighbor section, staff writer Evelyn Hernandez quoted the developer as saying, "I believe it's the major happening that will open the redevelopment of the Black Grove." My question is by who and are they the Blacks? I would assume that this City Commission is not ready to make a financial commitment subsidizing a project that the Blacks, some of the first settlers of this community can have the same chance to share in the development of their ---which I assume is still predominantly Black. Coconut Grove is finely meshed multi -cultural community which has at times partied openly in the streets, feared to go into the streets and watched patiently at the polarization socially and economically of the Grove. I feel it is by far the most tolerant community in Miami. One that attracts more people and entertains more festivals than any other community of its size in South Florida. Yes, they do come here for the shops like Mayfair, buc it's the people who live in this community that attracts and makes outsiders feel at home in our Grove. I hope that this project won't disrupt the tranquillity and the hospitable nature of this community when you consider tonight whether to destroy their homes and encroach on their residential community. I'm sorry, if I took too long. Thank you. Mayor Suarez: Just barely made it. Now, you are part of the group that is being represented by counsel who very ably is representing you. So, please make yours shorter. Mr. Lee Goldsmith: Right. Very brief. My name is Lee Goldsmith. I own the property at 3124 Florida Avenue. I was going to bring up the children, but that's already been done, so I won't talk about that. I'm going to specifically talk about the garage building on the street. It's going to be stores and offices and apartments and there are going to be several loading bays. Our stretch of Florida Avenue, that one block street is already being used by traffic coming South on MacDonald, to avoid the light at Grand. If that parking structure goes up on what is a residential street, our narrow, short street without sidewalks, as many of the residential streets in the Grove are, will be faced along with the children with an almost endless stream of trucks and vans and semis and god knows what else. I just want you to bear that very much in mind. Thank you. Mayor Suarez: Thank you, sir. Ms. Sarah Marmesh: My name is Sarah Marmesh. I own with my husband 3200 Grand Avenue the Veterinarian Clinic. Our son is in practice with us now and we had hoped to keep that practice going, but already the corner of Grand and MacDonald is so congested that it's very difficult to get through there without a project of this size. Mayor Suarez: Thank you, Ma'am. Colette Raker: My name is Colettc Raker, I live at 3104 Florida Avenue since 78'. I have here a letter from my neighbor who also opposes the project. I want to enter into the record. I hope you consider putting something there much smaller. This is much to huge for a little lot on the end of our street. Too, much concrete already. Thank you. Mayor Suarez: OK, Ma'am. Thank you mucn. - Ms. Grady Dinkins: My name is Grady Dinkins. I live at 3201 Florida Avenue. I have lived here for twenty-five years. My neighborhood is a real one hundred percent residential neighborhood and it has always been very peaceful and quiet and it's very lovely. I'm opposed to this development, because it will be too close to my home and it will be too dangerous to try to live near it. I think that the parking structure and the loading facilities will be dangerous, reckless and harmless and there will be garbage trucks and other traffic to keep me awake all night and the noise will never stop and it will be uncontrollable as well as unbearable and I will be damaged financially and my property will be damaged also in value and I am sure that the whole neighborhood will be destroyed if this development is allowed. Thank you. Mayor Suarez: Thank you, Ma'am. Mr. Steven Cook Yarborough: Good evening. My name is Steven Cook Yarborougn. I live at 3555 Crystal Court in the North Grove. I am a Civil Engineer. I am not represented by counsel. I am Chairman of the Zoning Committee of the Miami Civic League. I am also Co-chairman of the Research Committee of Tigertail Association. Tonight I speak for TigerLdil Association by their authorization. We are not against redevelopment of the site, provided that 1L is done within the limitations imposed by the Zoning Code. What is being proposed makes a mockery of the concept of the Zoning Code and the law passed to protect the best interest of the public at large and the property owners in particular. What is being proposed would benefit solely a commercial developer and a few residents who wish to leave the neighborhood at a profit, regardless of the great deterrent to those they leave behind. The parking structure being proposed is an unwarranted wedge that would set a precedent to start creeping destruction of the stable residential community in which it is driven. The boundary in which the light plane variance would apply runs East- West and the project is on the South side of the boundary. Since the sun moves from East through South to the West violation of this light plane will increase the shadow caused by the proposed building upon the houses in the North of the boundary. Especially, during Winter months. Why these properties be deprived of sunlight and air circulation so the developer can construct more square feet for profit. Apart from the objectionable aspects that the request for the variances and special exception raises, there is no valid basis for granting them. The Zoning Code of Miami requires the City to deny a variance unless such variance meet six specific conditions that are spelled out on the application form. The proponents have not shown that any of these six conditions are met. Not one, and they have to meet six. Their case is that the granting of the concessions, development of the site will be more lucrative than it would be without them. The Code does not recognize this as a valid reason. This was pointed out by us to the Zoning Board and apparently ignored by them. There are many who will ask why we have raised this issue of the six requirements again, since generally they are ignored by the Commission. We raise it because they are the law and until the law is changed the Commission must grant the appeal and overturn the action of the Zoning Board. Thank you. Mr. Plummer: Mr. Mayor, can we get that on the record and address that? '- Madam City Attorney, you have heard the gentleman speak of the law and the law has not been met. Would you speak to that issue or can you? Ms. Dougherty: Again, Mr. Commissioner, you are the finder of fact. You are the one that has to... Mayor Suarez: Whether those are criteria is what we mean. Ms. Dougherty: Right, you have to find that there is a hardship and that hardship is caused by something peculiar about the property, there is no public detriment in those, so. They are written in the resolution if you were to approve it and these are the findings that you specifically must make. Mr. Plummer: OK. Mayor Suarez: Ma'am. Esther Mae Armbrister: Good afternoon. My name is Esther Mae Armbriscer and I reside at 3350 Charles Avenue. I do not live in this particular area that is being discussed tonight, but anything that affects one side of Coconut Grove affects the entire Coconut Grove, and we have been working too hard, too many meetings to let something like this pass. And I do hope that you will not grant this. In the meantime, I am not repeating ---I would like for you to know that in the very near future we will be back up here again, because there are plans in the making to build a hotel on the corner of Grand Avenue and Marble Street and we will go through the same thing all over again and that is one of the reasons we do not need you granting this, because if you do this then everybody else all the way down the line will come up here and ask you to ' gl 78 February 27, 1986 set aside variances and to change zoning the same way. There is also the possibly of building one on the corner of Grand Avenue through to Florida Avenue, Grand Avenue and Marble Street. There is that talk going now and some of the developers are here tonight listening. So, if you pass this then they are assured that they can do the same thing and we don't need all that traffic and monstrosities in Coconut Grove. Thank you. Mayor Suarez: The old domino theory. Ms. Armbrister: We don't need it, because once you start you keep it up. Mayor Suarez: Thank you, Ma'am. Mike. Mr. Mike Simonhoff: Mr. Mayor, and members of the Commission, my name is Mike Simonhoff, 3503 Main Highway. I'm an architect and I'm also a developer in Coconut Grove and I wanted to object to the variance request tonight, because I think that you have to realize this isn't a game. These people that live back and nave to face this thing everyday just as you go home to your nice homes in Coconut Grove, you don't have to face a five -story building. Tne light planes were design for a reason. The setbacks were designed for a reason. The variation for parking structures within residential areas were there only if certain other conditions were met. I urge you to go for the City's recommendation, deny the variances. There is plenty of incentive for profit to build what they can on that project and if they don't know how to do it I would be glad to sit down and talk with them as an architect. Thank you. Mayor Suarez: For a fee. Jim. Mr. Jim McMaster: My name is Jim McMaster. I live at 2940 Southwest 30th Court in Coconut Grove and I'm President of the Coconut Grove Civic Club. Mr. Fine, was nice enough to come before the board of the Coconut Grove Civic Club and presented his plan to us and the board felt tnat all of his request were excessive and the board voted to recommend denial on all of his exceptions. I think that we have to look at the fact that he is taking out a lot of the requirements out of his structure and also requesting reductions and loading bays and putting the parking back in the residential area in order to get an excessively large building on a very small site. All of us have been to the Post Office and if you picture now big that site is running from the Seven - Eleven co the corner, the building on the existing Post Office site will be larger than the Grand Bay Hotel across the screec. If you include the high- rise parking garage and post office behind it on Florida, if you placed it across the street on Bayshore Drive, it would be quite a bit larger than any building over there. I really can't comprehend now we can get a building this big on the site, but apparently he can. As I said, the only way he can is by taking out some of the requirements, and I think we all feel that Coconut Grove is special. We all want a lot of investment nere. We have different opinions on what is good for Coconut Grove. I just think that we can't allow buildings that don't have the required parking or the required number of loading bays. We want to keep Coconut Grove a nice place that people will come to and invest in. Mr. Fine, before the Zoning Board said that the forty- three extra spaces in his building were for the public, that it was an asset. Well, I would like for him for when he gets up to speak, are those forty-three spaces for the Post Office, because if you will look carefully at his plans, there are no spaces allotted at all for Post Office patrons or Post Office vehicles. Also, if you count the number of spaces in the existing parking lot and the meters on the street which are going to be removed where I usually park when I go to the Post Office, you will see that we are not gaining much, we are losing quite a bit. I spent quite a few hours today on the phone with the Post Office and I spoke to Tom Coe who is the Director of Real Estate in Washington, Jerry Adkins who is in Memphis, Walt , Mike , and Jorge Rodriguez, his assistant, Mr. Donald Finley, all over in Tampa. They all assured me chat there was no agreement with Mr. Fine, regarding the specific needs of the Post Office. Mr. Finley, told me at 4 O'Clock this afternoon that the Southeast Region has plans for seventy-five new post offices under consideration and they do not get down to specifics until the developer has l received approval from the local planning authorities. Mr. Finley, also, stated chat every aspect of the project is in a conceptual stage and tnac the Post Office has given conceptual agreement to what Mr. Fine, has presented. He went on to state that any agreement would be subject co the needs of local post office officials in Miami. gl 79 February 27, 1986 y i i Mayor Suarez: We get the point on that and your time is pretty much up Jim, why don't you... Mr. McMaster: Yes, yes, I would just like to say, you know, if Air. Fine, has an agreement that says how many parking spaces the Post Office needs, how many loading bays, at the Zoning Board, he would not give it co us and if he has one I would like to see it. Thank you. Mayor Suarez: I'm sure he will address that. Ms. Catherine Skip: My name is Catherine Skip. I live at 3942 La Playa Boulevard in Coconut Grove. From the town meeting the other night, we all heard Chief Dickson say that we have a traffic problem and they don't know now to solve it. This isn't going to make it any better. Thank you. Mayor Suarez: That's what we are looking for, short and sweet. You are short and not so sweet now. Good to see you Hubert. Mr. Huber Parsons Jr: Mr. Mayor. Thank you, Mr. Mayor. You too. Mayor and all Commissioners. My name is Huber Parsons Jr., I have offices at 799 Brickell Plaza. I speak in limited opposition to the project. I suppose as City of Miami issues go and as Coconut Grove issues go, in a way this may not be the most burning issue and I think that most of the items of this project commend itself well to the City and to Coconut Grove. Obviously, there can't be any rightful opposition to most of the projects simply because it being built within what is allowed by the SPI-2 Central Business District zoning in Coconut Grove. I chink there are some questions that a couple of tne... two of the probably three issues that are before you tonight deserve some consideration. I specifically, refer to the workability of the number of the parking docks that there are in chis building as proposed and to the matter of the light plane, but those aren't the things that bother me the most about the project. The thing that bothers me most about the project is simply one thing. It's the intrusion of the parking structure into the adjacent neighborhood to the North. I think the underlined issue here as a matter of foverall zoning is the transitional use nature of the ordinance. I don't really believe that it was wiLhin the contemplation of the Commission when this ordinance was adopted. That it would allow the sort of thing that's being proposed here, which is a large structure where the parking is in face, that which is being pushed into that which is to be protected here the most delicate sort of thing a single family detached residential neighborhood. The Comprehensive Miami Development Plan, of course, provides for zoning all up and down Grand Avenue that goes back half way between each of the streets. That was the case here. One of the most specialty... let me recreat for a moment. I don't know that the neighborhood immediately to the North of this site Florida Avenue and to the North is necessarily the finest neighborhood in Miami, in terms of the kept up quality of the houses, etc., but what does make it special and important, but it is a nice neighborhood, and what makes it special and important it really seems to me is that it's a salt and pepper neighborhood. Not everybody needs to or wants to live in that sort of a place in Miami, but there ought to be places where people can. Those places don't deserve to be treated with anything other than the greatest care, because they are some of the toughest things to come by. A parking structure intruding into that area it seems to me is something that's not desirable social policy. As I understand it, the applicant does not argue that it is within your purview to say that the parking structure intrudes too close to Florida Avenue. It comes to within twenty-five feet I believe. I believe that you should require that it not intrude so far. I don't have any concrete suggestion, but twenty-five feet is awfully close. No one living in an area like chat would want such a large structure intruding into their neighborhood. It's really a question, like most zoning issues are, of where you draw the line. I think the line has been drawn, it's half way between all the streets up and down Grand Avenue. It shouldn't be varied in chis case. Thank you. Mayor Suarez: Last opponent. Mr. Ted Stahl: Ted Stahl. I am a resident born and raised here in Coconut Grove and have lived here for fifty-two years. My home is at 3120 Commodore Plaza. I beg your pardon, that's my office building, 3120 Commodore Pldzd. My home is at 3120 Royal Road, Coconut Grove and I own otner pieces of property in the Coconut Grove area. First off the- record, I would like to thank very much the Commissioners that showed up ac our recent town meeting. We appreciate it very kindly that you have taken the time, that we gee to know gl 80 February 27, 1986 .i psi you and you get to know us and our problems and I thank you. Going back Lo the situation now. I own a piece of property on Commodore Plaza which is about three or four buildings down from the new Coconut Grove Plaza that they are planning on building if the... what we are discussing this evening. There is no doubt that we need Lhis particular area to be renovated and cleaned up and I don't think there is a person in this audience that opposes the construction on this property. I think what most of us are very upset about is, we have problems in the Grove, they are getting worse. We have traffic problems which you are aware of. We have problems on the evenings on Fridays and Saturdays which you are aware of. This building is just too large. It is just too overwhelming, and I feel truly that somewhere along the line as Mr. Plummer, I believe at our meeting and Mr. Dawkins, is that somewhere along Lne line we are going to have to work out a plan for our area and we are going to nave to work out a new zoning to may be control what is happening with us right now. This building is needed. There is no doubt about it, but let us all think. We are doing something wrong 'here this evening. We are taking residential property that people have lived in all their lives. They nave worked, and they have maintained and they have lived there and we all want to continue to live there and what we are doing tonight is imposing into these people's property and this is wrong, and I hope that you have some compassion for these people and all the people in the Grove, with a better decision and a good decision to do something, not halt tnis project, but do something to control the overwhelming height and velocity of strength that this building is going to impose on all of us. Thank you, very much. Mayor Suarez: You again. Ms. Cooper: I'm afraid you are going to need to see me for a few minutes. Mayor Suarez: Very few minutes. Ms. Cooper: Mr. Mayor, we were forward, but there wasn't enough this earlier this evening so that very serious issues on this very O'clock I doubt it today. Mr. Plummer: You doubt. here a month ago. We were prepared to go time, and I'm glad we were able to get to there will be enough time to address the serious matter. We won't be here beyond 9 Ms. Cooper: I will keep it as snort as I can, but there are several issues. Mayor Suarez: Ninety seconds. Ms. Cooper: Thank you. Mayor Suarez: Go to it. Ms. Cooper: First of all in general, you understand and you all know the very special character of Coconut Grove and you know that it is because of that special character that there is a very special zoning district applied to much of the property in Coconut Grove called "SPI-2". SPI-2 requires certain things be done in order to maintain that special character in Coconut Grove. One of the things that SPI-2 requires, chat I think you will find very interesting, is that ---and I'm quoting from the Zoning Ordinance, Section 1525. "Where lots in this district directly adjoined RS-2 lots ---I'm picking out the appropriate ones ---these lots adjoin RS-2 lots. No property within this district within fifty feet of the district boundary shall be used for parking garages." Now, what I'm telling you the Code says is that fifty feet into where the building, the commercial office building is being proposed, ne would not be permitted to put a parking garage, because we are looking to protect the residential neighborhood that it adjoins. So, why are we talking about allowing the same structure in the residential neighborhood itself. This makes no sense whatsoever. If we won't allow it next to it, we shouldn't allow it in it either. Now, how is this application before you if that's the case. It's before you because they are using general provisions that apply to RS-2 property, that is transitional property throughout the entire City. It is not excluded specially in the terms of this particular property because it's a general regulation, but when you consider whether or noL the special exception ought to be granted, one of the things that you need to consider is whecncr it is in harmony with the neighborhood and the general intent of the gl 81 February 27, 1986 M Code. I submit to you that it is patently against the intent of the Code that relates to this subject property to permit the parking structure in the residential neighborhood that the SPI-2 regulations prohibit being adjacent to the residential neighborhood. That's a very general comment that I think... I wanted to tell you first because you understand that this is one of the main problems of this application. Mayor Suarez: And tnac's the end of the presentation? Ms. Cooper; I wish it were. We are talking about a special exception and two variances. Now, we are also, talking about the application. When I was retained, which was after the Zoning Board heard this matter, I reviewed the plans and I asked George Acton, former Director of the Planning Department to review the plans. He and I found some problems, I'm going to go into them briefly and ne wili affirm his positions. He and I don't agree on everything by the way. He is a very independent person who speaks his mind in what he sees is right or wrong, but let me address the particular issues with you that I see as a problem in this particular application. First of all, there is a maximum floor area ratio slated in this SPI-2 district and that maximum floor area ratio for mixed use buildings is 1.21. This is from Section 1526.2.1, Mixed Use Buildings. The maximum floor -dreg ratio for combinatiun residential and nonresidential use in a building shall not exceed one and twenty-one hundredths times gross lot area. There is no stated exception. I believe that it would be a reasonable legal interpretation if you were reading this Code strictly to say that that would be the maximum that would be allowed. However, there is an additional provision in the next section that talks about bonuses. Now, of these bonuses that are permitted, there are four categories. The developer has claimed additional floor -area ratio above the maximum in all four categories. One of them we challenged as not being applicable to this particular plan and that is the bonus for split level usage at the general level. Now, I think you all know what split level is, it's approximately half a floor up and half a floor down so that you have access to two floors without having to walk a full flight of stairs. This application before you claims credit for the maximum amount of floor area ratio bonus of zero point three bonus, when what it proposes is two feet down and eleven feet up. Eleven feet up! Now, an average floor is eight and a half feet in residential and ten feet in commercial and here the floor up that they are claiming is split level is eleven feet above ground. This isn't split level. This is just stair access to a second floor. We believe that there is no entitlement to this point three bonus in floor -area ratio that they are claiming. As a result of that their building exceeds the floor area raLio that is permitted without the bonus and is completely impossible to be permitted on this site because the Code specifically prohibits a variance for floor area and floor area ratios. The next point that I want to raise to you is that there is a deficient yard and I will show you on the zoning map where it is. This portion of the property that does not backup to the parking garage, but backs up to the homes of people I represent and the homes that you saw in the slides is stated to be a required yard of five feet. It is my belief from the interpretation of the Code that the requirements is actually twenty feet and Mr. Acton believes that it is ten feet. That's one of the areas that we disagree on, but we do not disagree on the fact that the requirement exceeds the five feet that they are. claiming is required and exceeds the seven feet that is provided. The third point, is that in the transitional uses which is how they are claiming that they can put the parking garage in this residential property the transitional requirements require that the minimum open space requirements of the residential neighborhood be met. That includes lot coverage, setbacks and pedestrian open spaces. In this district, the maximum lot coverage permitted is zero point four three. Now, I have not computed the lot coverage, but it approximates double the permitted use. The setbacks do not meet it. The pedestrian open space does not meet the requirements of the Code. One of the perhaps most telling problems with this application is the fact that this is not... this parking structure is not a permitted use as far as it goes. The transitional requirements which are the basis on which there is an allowance claimed of parking garages into the residential neighborhood is limited to the first one hundred feet from the side lot line. This parking structure goes approximately one hundred forty feet. It is not permitted to go more than one hundred... no transitional use is permitted to go more than one hundred feet. How do we have an application before you that exceeds that by forty percent? I have no answer for this kind of quesLlon. I would point out to you chat this is a violation in the nature of the use of the property and use variances gl 82 February 27, 1986 are not permitted under the Code. So, there is no way that this parking structure can be permitted to go beyond one hundred feet as proposed. Another one of the minimum open space requirements is the light plane and the resulting height limitation. There is a height limitation in this district of twenty-five feet. The parking structure exceeds that. Then another very important point with regard to this application is the number of parking spaces. The applicant claims that only two hundred sixty-nine parking spaces are required for his structure. Using his figures as to how many square feet he is planning to put in this building, I see that he is required to provide, not two hundred sixty-nine spaces, but tnree hundred ninety spaces. I have made these calculations and submitted them into the record and itemized them one by one. I nave no explanation how we are talking about more than one hundred spaces fewer than what if you just followed the language of the Code seems to be required. In addition, there are certain questions that I nave about the application that I have not beer► able to calculate, because of limitations of time and funds, which I should point out to you, the neighbors here have gone to tremendous personal sacrifice in order to try to straighten out and rectify these problems in the Code and get the right result for their neighborhuods and their homes. We are unsure as to whether the net and gross lot area calculations are correct. We are questioning whether the bonus for the theatre is calculated correctly, because it is stated in terms of square footage, and the developer has claimed it in terms of floor -area ratio. How do we know if this is correct? There is some question as to whether the floor has been properly computed resulting in whether or not the stated number of required loading spaces is correct. We suspect... Mayor Suarez: ,Janet, you have nit some many items, are you almost complete? Ms. Cooper: Yes. Mayor Suarez: Because we do have people that do want to be heard, obviously, in favor of this and on a host of other items still today. Very important items for the City. Ms. Cooper: I understand. This is very important for the City as well I'm sure and that's why you deferred it from last time and I'm not going on longer than I have to. Mayor Suarez: Well, that's a matter of opinion, but go ahead. Ms. Cooper: The floor area, we question whether it has been properly computed. We think some areas have been not counted in the floor area. The setback that I pointed out earlier as being not accurate will result in a greater light plane intrusion. We say chat the laundry permitted on the roof is not a permitted use. In general, these are the specific questions that I have. I would like George Acton to come and discuss them wicn you in terms of specific Code sections and his opinion and while he is coming up here I would like to submit into the record his resume which will show chat he is an expert and he can tell his background. Mayor Suarez: George, try to stick to any absolutely necessary amplification or clarification or new item, because we really have heard just about everything you can hear on an item, on a matter. Mr. George Acton: Mr. Mayor, I appreciate your comments. I will try not to repeat what, you know, Janet, has told the City Commission, but I want to state to this City Commission that during the time that Ordinance 9500 was being processed in workshops in front of both the Planning Advisory Board and the City Commission, that it was pointed out repeatedly by your consultants, Dr. Bartley and Mr. Bear, and later on myself, that this ordinance, you know, has numerous standards to guide developers in the design of their projects, and to also guide City administration when they review the projects. Now, how this project got before you in the manner it has is beyond my comprehension. It really is. This particular project violates most of the standards that we setup for SPI-2, plus the very important standards that are contained in the transitional use regulations of the RS-2 Single Family District. Now, I'm going to keep hammering home the nerd for standards and the need for the City Commission to think of standards when they make their decision. The major fault that I see with this project is the manner in wnicn the developer has used tnc lots, transitional lots that are in the RS-2 Single Family District. gl 83 February 27, 1986 I The transitional use requirements were never intended to allow a developer to increase and use those lots, you know, as a part of his floor area calculations. And what he, in effect, has done, is to design a structure back there which has twice the amount of bulk that's allowed by the standards in the RS-2 transitional use regulations. We were very explicit and we developed standards for nonresidential uses in the transitional use lots, because we realized that in many cases those uses will be extending either back into a particular district or else they will be adjacent to it. So, the idea was to allow the same type of bulk on those lots that you would allow on the adjacent. In this case, a single family district. Now, for nonresidential uses on these lots, we nave standards that say that you must setback twenty feet for the yard, that you must have the same kind of lot coverage, 4.3, that you must adhered to the Plane 3 regulation which is twenty-five feet, and the purpose of that as I say is to make sure that the bulk, as it intrudes back into a particular, in this case, single family district, is compatible with the district and doesn't over power it. For the record, Mr. Mayor, I want to point out to the City Commission, where you can find in the ordinance repeated references to standards and especially, as they pertain to special exceptions, which you have to grant to build this kind of a project on those lots. The parking garage does require a special exception and under Section 2606.1 it states that in its decision to grant an application for special exception --- and I'm going to excerpt the language to cut it down in length. "To grant with conditions or safeguards or to deny the application the Zoning Board shall,... and the Board shall act in accordance with Section 2303 Special Permits to be issued or denied in accordance with procedures, standards, underlined, and requirements of this ordinance. Now, I'm going on to the Article 23. Under Section 2303, we find the following language: "Special permits in relation to zoning shall be issued or denied only in accordance with procedure, standards and requirements of the Zoning Ordinance, where applications for special permits indicate that action proposed therein or the matter in which they are proposed to be conducted do not meet the standards and requirements of this ordinance and could not practically or reasonably be made to by such attachments to safeguard, so authorized and limited, such applications and permits shall be denied". Further, the special exception request is based on Section 2018.2.1 which among other requirements states, that yards adjacent to streets shall be dimensioned that is generally required with the district and the yard equivalent in width to the required side yard shall be provided along any remaining edge of the lot , so forth." Now, requested parking garage is a nonresidential use and I stated before under RS-2 nonresidential uses require a side yard of 20 feet, a plane dimension of 25 feet, maximum lot coverage of .43, and minimum space of .36. Now, obviously, the bulk proposed on that particular series of lots does not, instead of a 20 foot yard, the applicant proposes a 7 - foot, 10 foot and 12.6 feet yard, about one half of what's required. In place of the .43 lot coverage, the Post Office Plaza proposes .83. Again, almost doubled the maximum. The maximum height, instead of being 25 feet proposed to be 40 feet. I just want to conclude, and I don't won't to repeat what Janet has already told you. No, but for the record, you know, please realize that this Ordinance 9500 does contain standards, you know, to guide the as I said before, both the developer and the City Commission in your deliberations and you just can't totally ignore those standards as the developer has, and I say, how that project got to you in the shape it has is beyond my comprehension. Mayor Suarez: You have told us that. Thank you, George. That is it. No, that is it. Now, we are going to hear from the proponents. If you nave anything later you would like to clarify or contradict, rebut, ---Thank you, Commissioner ---you will be able to do that and it will be very short. Now, we are going to hear from the applicant. Mr. Fine: Mayor and members of the Commission, I'm going to take fifteen minutes and that will complete my total presentation. I'm going to make it as very brief and just speak to the primary issues. And if I may, I just want to set up a couple of exhibits for the Commission to look at. Mr. Plummer: Can I interject while you are doing that? Madam City Attorney, Janet Cooper in her infamous wisdom as she always does, does ner homework. Have you made note of all of those which sne feels or has expressed that are violations and actually, saying in effect, that this application is not before this Board? And. I only bring that up if there is some, in your feeling, that that is correct, then let's stop it right now. If in fact, you don't feel gl 84 February 27, 1986 11 A that way, then let's proceed. So, I guess the question is, has she raised any questions of law at this particular point, that you feel puts this in jeopardy or in violation? Ms. Dougherty: Mr. Commissioner, we have... I have listened to her and I have reviewed her letter that's substantially, the same as her presentation tonight, and in reviewing that letter, we have found that there are many miscalculations that were made both by the applicant and by the opponents, but none of the application, none of the errors that were made by the applicant were made such that the drawings would be different. The calculations may be different. In most instances, the calculations meant that the variances were less than that which went to the Zoning Board. So, my view is that it is properly still before you and that the application may go on. With respect to her fourth item, however, there is... the ordinance could be read in two ways. You could apply either one regulation, in which case they would have to get a variance for lot coverage and it could be read the way the Zoning Administrators have interpreted in which you would not have to. It's my view that the better view is the way that the Zoning Administrators have interpreted the ordinance, and the courts will give great weight to the Zoi►ing Administrators interpretations and particularly, when they had been interpreted that way and consistently since 1983. So, therefore, I believe the application is properly before you. Mr. Plummer: Thank you. Mr. Fine: Mr. Mayor and members of the Commission, first I would like to... Mr. Plummer: First your name and address for the record. Mr. Ron L. Fine: Ronald L. Fine, 50 Biscayne Boulevard, Miami, Florida. I have before you a colored map that amends the presentation that the Planning Board put up there. Since the last public hearing the majority of property owners on Florida Avenue, which are colored in green, have by petition advised the City that they favor this project and further, they have requested that the City request the Planning Department to commence a study for the purpose of rezoning of Florida Avenue to a residential office designation, and I would like to submit that petition into the record. The colors on this chart snow that within the block of Grand Avenue to Florida Avenue, the properties that are presently being used for business purposes, certainly, those along Grand Avenue and one house as described here today as being used for a landscape business and the other house is being used for the sand blasting and pool business, both of these houses are generally advertised in Dade County and in the yellow pages of the book. So, the green is presently the property on Florida Avenue that favor this project and established that it's a transitional neighborhood. The red show you the two homes that are being used for commercial purposes and the yellow dots which include those that are white and red, were those that signed the petition that was described here two years ago, stating that this is a transitional area and they favored the rezoning. These people favored rezoning this area. So, two years ago, these people signed the petitions for the rezoning of this neighborhood. The second fact is I would like to state, that notwithstanding all of the discussion that we have had that everything within this project has been done in accordance witn the interpretations of the appropriate City Departments and particularly the Zoning Administrator. This project is located at the intersection of Commodore Plaza, Grand Avenue and MacDonald. I want to say that in the record before the Zoning Board which is apart of the record that's before you arc tnc appropriate traffic studies, the appropriate engineering studies and so, I want to address those issues if I may. This is a building that is built within the present zoning requirements. It is all... we don't nave any variances here on height. We have over three hundred twelve car parking which is above the requirements of the City. In addition to that, we nave done our own independent urban land study on parking and we have an excess of that. This property I have been involved in since 1958 and I own all of the property from the Seven Eleven to the corner of MacDonald and the four residential lots on Florida Avenue. We spent two years in planning to design this and we think that we have come up with one of the best designs possible. We were very attentive to one of the issues that was raised by the opponents tonight and that was the one building they showed you on Commodore Plaza that had a very stark white back to the building. We paid special attention to the architectural treatment at the request of the City in the back and as you can 85 February 27, 1986 a see there- is complete landscaping. There is setbacks. There are balconies so that the appearance of the back of this building is as attractive and in some ways more attractive than the front of the building. The reason for the setbacks is to reduce the scale of the building and that's why the top two floors are setback. The whole rear of the building facing Florida Avenue is decorative designed. It's a solid enclosed area. There is no penetration of light or sound from that garage. It's fully landscaped. The issue about traffic, there is no... there is a solid wall all along Florida Avenue, fully decorated and fully and landscaped to City standards. We have tiled ... before the hearing, we filed a complete landscape plan and I would like to show you that these landscape plans describe in detail the size, the nomenclature and the position of every tree and plant that's shown on these renderings. So, that we are legally required in order to get the building permit to cause these to be put in. In order to get a certificate of occupancy this building is going to have to look like the way it is here in terms of the landscaping. This is the view that you would see from Florida Avenue which I believe in many ways is more attractive than the present views. This will eliminate a great deal of traffic on Florida Avenue. I presently rent these houses out and the people living in those houses and visitors that come and go will no longer be doing that on this street. As part of the record before the Zoning Board was a traffic study done by Wilbur Smith and Associdte5, that said that after the completion of this the maximum additional cars that would ever come on Florida Avenue is four to five cars an hour, which is absolutely insignificant in terms of any intrusion into the neighborhood. The thrust of this plan is to open up MacDonald Avenue so that we can begin to get development moving westward into Black Grove and for the first time we have created an open plaza which will have pedestrian traffic facing West MacDonald, the main entrance to a new expanded Post Office which is one third and I want to state for the record that the excerpts of the Post Office agreement as it relate to parking and loading were inserted in the record from the Zoning hearing and they are part of the record, and so that the main entrance of the Post Office will be on there and with our three hundred twelve cars, the community —anybody using the Post Office will have the use of three hundred twelve spaces free of cost for the time of fifteen to twenty minutes as designated by the Post Office. Right now there are about forty cars who are patrons coming to the Post Office and there will be over three hundred now for the community and in addition to that, there- will be increased service lines. The service area of the Post Office will be increased by about one third and also, the availability of boxes by the increasing of boxes. So, there is a tremendous need for the increase of this facility, because of the needs in Coconut Grove. The next item that I want to share with you is a brief cross section of this building. One of the reasons to get people to have a residential character on the top of this building, the top two floors where we talked about penetrating the light plane. We have a nine -foot penetration into the light plane in order to create an atrium within the building and in order to make sidewalks wider. We believe that one of the things that the Grove need is wider sidewalks for people to walk on and parking areas for people to park in, so that they don't have to ride around and around and around particularly over the weekends and create the traffic jams there. In order for us to participate with the City in creating more walking space, we have setback our building five -feet in addition to the setback line. So, we have voluntarily gone back another five feet in order to create a twenty-two foot sidewalk, so that people can have a walking experience within the Grove. In order to get people to live in this environment, we have created an atrium within the middle and put balconies and attractive decorations on both sides in order to accommodate the request that came over a two year period that we worked with Jdck Lufc and others in the Planning Department in designing this building. The parking garage that's located behind this building is an integral part of this, it provides for entrance areas here, because there is only one lane coming out of the parking, there is no opportunity to create any traffic jams on this street, because all the or the waiting lines are within the garage itself. In addition to that, we will dedicate to the City as part of this agreement twelve and d half feet of our property to create another lane on MacDonald Avenue which will alleviate any potential problem that has come up. This shows the open atrium area and this shows the truck loading area. We designed this building for five truck loading bays. After discussion with the City, we have applied for a variance of four and we are building it with the capacity to nave five truck bays in there. Seventy percent of the deliveries to buildings come in vans and in station wagons and those people will come into the parking garage go 86 February 27, 1986 gl down below and use some twenty spaces service garage and these are the five that it... that could be available for them by the large truck bays. It's inconceivable Mayor Suarez: Let me interrupt you. Do you feel tnat the requirement of eight bays is just an incorrect calculation or what? What do you feel? Mr. Fine: It's a calculation that doesn't allow for mixed use. Mayor Suarez: I mean, theoretically incorrect? Mr. Fine: Yes, theoretically, it's twice as much as anybody would need. You see, the way they come to the aid is that if each of these uses were on a separate piece of property, if you had one commercial piece for retail and one office property and one residential property, then you would have eight bays in all if it was on three separate sites. The purpose of mixed use is to take advantage of hours and times when people don't need it, so that you don't need as though you would have everything in three separate projects. Now, in the Code, there is a formula established to figure out parking, but there is no Code established for picking out truck bays. So, whenever you are into mixed use, when it comes to trucking, you nave to come to the City because of the difference mixed in every project for either a special exception or a variance in terms of the truck loading. I just want to share with you the ground floor area. Again, this is the MacDonald and Grand area and this would be an open plaza so that Commodore Plaza enters into this. This would become a public space for people to sit and be aware there, and that will create a very interesting experience. We plan on using the sidewalks for ... also, for chairs and tables so that the public could be there. The other thing that we are doing is to enlarge the theatre experience here by relocating the theatre experience. We :nave been talking with some groups like the Children's Theatre with Ms. Dozier, and we are hopeful to incorporate them into this project so that they will have some places to exhibit the talent of the Children's Theatre within the Grove itself. The other thing that I want to point out is that the retail layout of this facility is designed for the neighborhood. These stores are all designed on the street. They are designed to provide the kinds of merchants that are missing in the Grove, where the Grovites presently have to leave the City and go to either Coral Gables, South Miami or Dade County to do their regular shopping. Now, we have done in addition to that all of the things that the City has been interested as we are and we have worked on a variety of programs, including the minority programs that we think are very helpful in terms of training groups of working with the local development corporation with whom we have an agreement. I would like to add to that that this project will create about thousand jobs of which about ... many of the jobs will be available for minorities; as it was stated by the opponents that normally in construction with this County you have at least fifty percent of construction work being done to minority groups itself. We are also, actively working to obtain merchants with the local development corporation and we are working with a variety of young Black professionals within the Grove in order to put them into training programs with the help they get into merchandising on a private basis. We have been working with sharing our thoughts and our efforts with G.U.T.S. and other areas now so that we can participate and contribute to the management and the guidance and support of the growth that will take will take west here that we believe will come. I would like to say that when this project is completed and occupied, that it will create, generate in terms of sales tax, occupational tees, license fees, utility fees, somewhere about two million six hundred thousand dollars. This project means to the City, County, and State, new tax and fee revenue in excess of two million six hundred thousand. All of these figures have been submitted into the record before. So, that we have a variety or opportunities of supporting this. We feel very strongly about the way we have designed this project, in that its impact on MacDonald Avenue will put pedestrians in an area and the potential for creating active development moving west from MacDonald to U.S. 1. The other thing we have done with these open plazas and the design of that, we think will have a very positive impact on reducing the excessively high rate of crime at the intersection. The intersection of Grand Avenue and MacDonald, according to statistics furnished by the Miami Police Department show that it has one of the highest locations of robberies within the City. In the year of January 83 to 84 robberies increased by about a hundred twenty percent in the area of this intersection and for the first six months of last year it increased another eighty-one gl 87 February 27, 1986 percent. Part of the reason of that in our view is that MacDonald is not a developed area. There are no pedestrians there, there are not sidewalks there and so we feel that that's very important. I want to address the issue of sidewalks on Florida Avenue. One of the things that we found and we have been talking to the neighbors about, and I think we can get the support of everybody is that we believe that they should have sidewalks on Florida Avenue to service the school children when they have to walk to and from that and we are certainly going to start that off on the property that we nave and so that those sidewalks could be in there. All and all we think that we nave addressed most of the issues that were raised nere. I want to say that it's been a very intensive and rewarding process for us to go through. We have been out into the community for the last couple of montns before, during and after the public hearing. We have met with every group and individual that would help us. We are pleased that people acknowledge that there is good intent and good design, that we are trying to do the right thing. We understand that some people are disturbed about the change. We understand that some people would like to interpret the ordinances and rules of the City in a way that is more supportive of their position. However, it's been our view that the City has the ability and the capability of developing and interpreting its own ordinances, and so, we feel very comfortable with that and those are the main issues that I wanted to cover in my presentation. There are those that are here that would like to speak about this project and about that and so I would like to relinquish the floor to them, if I may. Mr. Dawkins: One question before you relinquish the floor. Mr. Fine: Yes, sir. Mr. Dawkins: If you will look at that slide behind you, Mr. Fine, that's Florida Avenue. Mr. Fine: Yes. Mr. Dawkins: Now, when we put the sidewalks and the gutters are we go... and where ... how much street are we going to have for traffic to come down? Air. Fine: The right-of-way and ttie setbacks provide for that. So, the setbacks are already there. I mean, people literally, including ourselves, we are using the City's right-of-way. We have landscaping and bushes on the City's right-of-way because we have not supported the putting of sidewalks along that street and by the way, I want to make the point that these slides that were shown, some of them —one of them was one of the homes that I owned and there are other homes here too and they were not the homes of all of the people that are opponents of this. Mr. Dawkins: Mr. Pierce? Mr. Walter Pierce: Yes, sir. Mr. Dawkins: See this slide, sir. Mr. Pierce: Yes. Mr. Dawkins: or is it Mr. Cather? Who can help me here? Mr. Pierce: Well, Mr. Campbell, is the representative of Public Works here tonight. Mr. Dawkins; Mr. Campbell, did you see the slide that, Mr. Fine, put up? I mean, not the slide, his picture here that show that there will be a wall on Florida Avenue? That there will be a wall on Florida Avenue. Now, with the wall including the sidewalk there will still in your opinion and I know this is only a professional opinion, there will still be enough roadway for semitrucks to go down? f Mr. George Campbell: Florida Avenue... Mr. Dawkins: Yes, sir. Mr. Pierce: Florida is a fifty foot rignt-of-way street. '-= 81 88 February 27, 1986 Mr. Campbell: fifty toot wide street, sir, on the record. Excuse- me. On the record. Mr. Pierce: City Clerk, would you turn on the mike please? Mr. Campbell: On the record, George Campbell, representing the Department of Public Works. Florida is zoned as a fifty fooL wide street and the sidewalk which would be constructed along Florida Avenue would go at the twenty-five foot or at the fifty foot line, I should say, the right-of-way line. Any landscaping that is required by the Zoning Ordinance for landscaping of a building would perforce behind that line on private property. So, that the sidewalks would be there. The width of the street... Well, it's a fifty foot wide street. I don't off hand know the width of the pavement. I'm sorry about that, but... Mr. Dawkins: No, problem. Uh huh. OK. Mr. Pierce: Mr. Dawkins? Mr. Dawkins: Yes, go ahead, Mr. Pierce. Mr. Pierce: Just to amplify on that a little bit. If you look at the photo what it really means is that some of the foliage that you see along the side of the street will disappear, because some of that foliage, as Mr. Fine, points out is within the zoned right-of—wdy for Florida Avenue. Mr. Dawkins: OK. All right. OK, fine. But all I'm say ... all right, now those people, I don't know who they are or what it is, they have been living there all their lives and you may come and take what belongs to the City and they will have no yard, but that's not our problem. I mean, you know, that's the law, right? Is that correct, Mr. Campbell? Mr. Campbell: The law would require that any sidewalks built there would go on the right of way line, yes, sir. Mr. Dawkins: OK, thank you. Mr. Fine: (COMMENTS INAUDIBLE). Mr. Dawkins: Yes, but let's be realistic now. Where is the bay for the trucks and the entrance and the exist from the garage? All right, now who's going to in his right mind 4 O'clock in the afternoon, and I come out and turn right and come into Grand Avenue, when he could turn left and go down Florida Avenue? Mr. Fine: Well, they would want to get back into U.S. 1 There is no purpose t in going back into Florida Avenue. People... Mr. Dawkins: Yes, it is if ... OK. Now, if it's 4 O'clock in the afternoon and I come out I know Grand Avenue is bumper to bumper, so I'm going to find the exist. I mean, the road of least resistance. I mean, that's just a fact. I'm not... that's just a fact. Mr. Fine: Yes, well, let me point out that deliveries are not normally done at 4 O'Clock in the afternoon and so deliveries are done ... Now, I'm noc... I don't want say that somebody will not use Florida Avenue. There is no such a statement to do that. Somebody may do it. There is no purpose for them to use it, but they might do it. ' Mr. Plummer: Let me ask a question, Mr. Fine, on your map here. Mr. Fine: Yes. Mr. Plummer: The areas in white, art they to be understood that they have voiced no opinion? Mr. Fine: No. Two or three of these people as I understand, one was here today and I think that she had a letter from another person Lndt's here. So, these two people as far as I know they...I haven't had communication witn them S JA gl 89 February 27, 1986 that supports the project. The ones that we have that support are all in green. Mr. Plummer: But let's say lot five, that one there, is that for or against or no opinion? Mr. Fine: I don't know. I mean, I really don't know. Mr. Plummer: To the Zoning Department, does our map show that? According to our map, Mr. Fine, if you will look up on the wall from eight... UNIDENTIFIED SPEAKER: Is that the one with the changes? Mr. Fine: Oh, there are changes. So, he is going to put the map up tnat...Those are for. Those were the changes from... since the zoning hearing, the people that support it. Mr. Plummer: I can't make that spaghetti out. Now, according to... Its. Cooper: But that does not show the remaining... the people who still object on there. Mr. Plummer: No, according to this there are no objectors that live within that proximity. Mr. Fine: Now, what... Mr. Plummer: Well, let me find out what is correct here. Mr. Fine: OK. Commissioner, could I make... Mr. Plummer: Yes. Mr. Fine: Let's assume for the moment that the red and white are not in support of it. Let's just assume that. The green are in support of it. — Ms. Cooper: Mr. Commissioner, would you please ask Mr. Fine to tell you which of those properties in green he either owns or has options on? Mr. Plummer: Well, he has already indicated on this one here. 1 Ms. Cooper: Not how many of them. I believe it is most if not all of them. Mr. Plummer: One, two, three, four, five, six. Ms. Cooper: What you are saying is that all the ones that he claims have support of his property, he either owns himself and of course, would support or he has an option to purchase that property and therefore, has in a sense made a deal with the owners in order that they support it. i Mr. Plummer: I don't see the importance of the question. The map ---our map, r not his ---shows that he owns four parcels on Florida Avenue, right on Grand jAvenue. That's our map. Ms. Cooper: As a matter of fact I'm glad you pointed that out to me, because now I just this second realized that the information provided is inaccurate, because I do understand that several of the properties on the corner of MacDonald and Florida have been purchased by Mr. Fine and now are in nis ownership and I don't believe that the disclosure of ownership reflects that information in the file. In other words, Mr. Fine, I believe owns lot twelve, lot eleven and that's not reflected in the file as far as I know and certainly not on that map. i Mr. Fine: The lots were on the contract, which is reflected in the file and they were purchased subsequent to the zoning hearing. I i Mayor Suarez: OK• We have heard about as much testimony as you can on any one issue and if you want to take just a minute for rebuttal, I warn you, it maybe counterproductive here. gl 90 February 27, 1986 Ms. Cooper: Mr. Mayor? Mayor Suarez: Yes. Ms. Cooper: I wanted to point out that you have seen some very pretty pictures and some plans, but they are about as realistic as Mr. Fine, stating that people who come to the Post Office will have free parking for fifteen or twenty minutes that would include parking their car, going co the Post Office, and getting back to their car and out of the garage. Of course, that doesn't make it because i have not had an opportunity... Mayor Suarez: If I were you I wouldn't even bother to answer that argument. I don't... Mr. Fine: No, no, I don't want... I just said that there are people here that would like to speak in favor of it. I just want to be complete. Mrs. Gibson, is here and she is one thdt would like to speak on it. Mayor Suarez: How many people do you have that want to speak in favor of it, because we are going to limit them? Raise your hands all the way please. OK. We have got...I see three hands, four... Mr. Fine: Five. Mayor Suarez: OK. Very quickly, a minute each please. Mr. Plummer: Can you speak in less than an hour and four minutes? Ms. Thelma Gibson: I can speak in two minutes. I'm Thelma Gibson, at 3661 Franklin Avenue, and I don't live in the area. However, some two years ago, I was told that I was a developer primarily because we bought some property down at the corner of Grand and Douglas, property that we would like to develop and the City is partners with us to help develop that land and I want to speak in favor of the project primarily because I hate fighting this project when we are thinking in terms of developing on down the west end. You see, when it gets to Black folk developing, there always is a fight to keep us from being able to do some things and I believe that if I fight these people developing on this corner, somebody is going to fight me and you heard Mrs. Armbrister, allude to the fact that we want to put a hotel in the Black Grove. We would like —they tell me there a glut of hotels and there is a glut of office space, but there is no office space in the Black Grove and thCr= is no hotel in the Black Grove and there is a thing called Harambe House that's going around, and I believe just like we had the Sir John Overtown and the Mary Elizabeth, we could have the same kind of thing in Coconut Grove. All I'm... I don't have the space, no, but I hope we can get the space and I would think that this kind of thing could happen in our area as well. Thank you. Mayor Suarez: Thank you, Thelma. Mr. David Alexander: Good evening, Mr. Mayor, Honorable Commissioners. I'm David Alexander, Executive Director of Coconut Grove Local Development Corporation. I'm here to speak in favor of this project primarily because we believe that the impact of the project on the commercial activity of the Black Grove will be a positive impact. Our corporation has been trying for the last three to four years to promote development in the Black Grove. This piece of property is crucial to the future of our development of that community. I would just like to point out to you that we have taken a non-traditional approach and that.we have decided to stimulate projects at both ends of the Grove. At U.S. 1, in the middle of Grand and Douglas and we are supporting this development because it will help us to deal with some of the problems that we have in getting some of the money to move down to Grand Avenue. We vigorously support the right, of course, of our residents of our community to question this development project and anyone that will take place. The face of the matter is, we believe that this developer will have a positive impact in our community by providing jobs to our community which do not exist for us now. Mayor Suarez: Do you believe that...let interrupL. you for d second. Do you believe that if the project were scaled down to meet all the requirements chat the City is crying to impose, that he would not go forward with it? Bl 91 February 27, 1986 .r. Mr. Alexander: I do believe that he will build a project there, Mr. Mayor, regardless of whether he gets his exceptions or not, but I have been convinced and so has been my board of directors convinced that the project is a better project for what he has proposed as opposed to something that would not edrry the aesthetic values that he is putting into his balconies, etc. Another important point is that we serve as a consultant to this developer. He came to the Coconut Grove L.D.C. first of all groups, because he knows that we are very interested in the development process and this developer took his time to speak with my board for two hours four months ago before he went out to the rest of the community and we have professional people, architects and planners and civil engineers on our board and they grilled him and he satisfactorily answered their questions and they in fact voted to support nis project. So the net result of it is that the Coconut Grove L.D.C. has an agreement with Mr. Fine, to make sure that there are minority set asides in this project in both the construction sector as well ds the after market sector in terms of businesses, in terms of real estate development for Blacks and in terms of also assisting the local development corporation with his expertise in the future. Again, we strongly support this project and we ask that you give it favurdblc consideration. Mr. Dawkins: One question before you leave. Mr. Alexander: Mr. Dawkins. Mr. Dawkins: What recommendations did your board make in regards co the Treister Project? Mr. Alexander: Which project, sir? Mr. Dawkins: Mr. Treister's Project in Peacock Park. Mr. Alexander: Are you speaking of Commodore Bay? Mr. Dawkins: Yes. Mr. Alexander: We decided that we were going to support that project... Mr. Dawkins: Thank you, that's sufficient. Thank you, I don't need anything else. Mr. Alexander: Yes, sir. Mayor Suarez: Thank you, David. Any others? Mr. John Daw: Yes, excuse me. Yes, my name is John Daw. I live at 3155 Florida Avenue. First of all, I would like to say something that a gentleman mentioned before that anybody than was in favor of this particular project was in it merely to make a buck. I resent that. One of the things that I did when I was younger when I lived in Stockholm, Sweden was to organize trips for architects and artists throughout the world to study redevelopment projects, so I have probably seen as much redevelopment as anybody in this room and I can assure you that my interest is not solely in it to make a buck. I happened to live here and I'm concerned, very concerned with what is happening in the area both for the Grove and for myself. I have lived here for fifteen years and it's the only home that my son Julian has known. I have been involved in the past, as many of you know, in trying to preserve the residential nature of this area and in one never to be forgotten session which Mrs. Grady Dinkins will remember when I was perhaps the only person that opposed a development which was opposite her property. I was physically threatened. I was offered a bribe and Mr. Gerstein's office at that time offered to fit me up with some form of recording apparatus so that I could go around and interview Commissioners to find out what they were thinking. I made a major petition to the City which was signed by all of the people in the area and at that time I think it was four to five crimes were being visited upon us within a period of twenty-four hours and all we got as a result of that petition to the City which took me quite a lot of time and involved quite a lot of effort, was a notification from the City thanking for the petition with the word "petition" spelled incorrectly. I like living in my home. I like my neighbors very much, but my view of the area's desirability as an R-1 gl 92 February 27, 1986 A A residential area has changed somewhat over the years and in addition now we have the constant and increasing pressure for change as represented by Mr. Fine's proposed Post Office Plaza. I now feel that development in this area is almost inevitable and if this particular project does not come chrougn, then something similar will come along at some stage down the road. I understand that Mr. Fine, has the right to some form of parking structure on the Florida Avenue lots that he has acquired and in the notification that 1 got from the City, it said specifically on the bottom, underlined, that this is classified as not being a zoning change. That to my mind is a mere circumlocution. Regardless of the classification, the effect of any development on there when you take residential lots and turn them into parking that is in effect a rezoning. Now, the contemplated project... Mayor Suarez: Can you conclude your remarks please, sir? Mr. Daw: Well, sir, I nave lived here for fifteen years and I think that, you know, one minute per year might be... Mayor Suarez: Well, we are not going to give you fifteen minutes because there is a lot of people in the City that would like to address this issue and we are trying to summarize, frankly, and not be repetitive. We haven't heard anything new on this, frankly. Mr. Daw: Well, OK. Well, all right, to summarize then. As a result... Well, I recognize there were a lot of changes... Well, one of the things I would say is this, Bill's photographs which showed houses on the street which were very nice, but they did not show the houses which are in rental. If you go down there, you can see there is one house there for example, wnicn looks like a used car lot, you can buy a car there for four hundred fifty dollars if you want one. Something like that. Now, there is no way in my opinion that this situation is going to change. Those... that area is a transitional area. Those houses are in limbo and regardless of turning this particular project down, I don't think you are going to change that situation. So, I think that the result... that some change is inevitable and if not now, it should be later and I think that this should involve the whole of the area, not just this particular project. Essentially, I feel that ---forced to the conclusion ---that probably the best solution to this question of development, which will as I say, will. come up again and again, is to recognize inevitability of development, to recognize the impact that the proposed development has already had in confirming the limbo in which most of the housing now stands and to recognize that the best way out of this impasse is to develop a plan for rezoning the area to fic in with the development. Thank you. Mayor Suarez: Thank you, sir Ms. Diane Purifoy: I'm Diane Purifoy. I live at 3173 Florida Avenue. I'm an owner of that property. I have two very small children and when we moved there four years ago the traffic was very light. We used to comment about how quiet the street was. In the past year and a half things have drascicdlly changed, on the weekends especially, there is constant walking, talking up and down the street, parking up and down the street and a lot of loud noises going on. Mr. Daw, is right, there is like seven rental houses on the street, some of which have four and five cars. Things have changed and I also would request that we have a zoning change on chat street and that Mr. Fine's project go through. Thank you. Mayor Suarez: Thank you, very much. Ms. Barbara Ladyga: My name is Barbara Ladyga. I live at 3160 Florida Avenue. I don't want to be repetitive, but I am in favor of Mr. Fines' project. I have looked it over on numerous occasions I think it is a well designed project and it is an asset to the Grove. His pedestrian walkways are advantageous for the area and I believe that the overall problem with everyone's statements here tonight is the fact that it is a residential neighborhood and the people are saying that it is a quiet residential neighborhood. It is not a quiet residential neighborhood and it should be addressed in conjunction with Mr. Fine's project to be rezoned. Thank you. 7 gl 93 February 27, 1986 Mayor Suarez: It really depends on from what side you look at it whether it is quiet or not. From Grand Avenue isn't quiet, from the back it is kind of quiet. Mr. Daw: If you would excuse me, Mayor Suarez, I just would like to add one thing. You know, you kind of threw me off my stroke there when you said, you know, that I didn't have time. Any how,... Mayor Suarez: That was my intention. Mr. Daw: Yes, I understand that, but I just want to mention something about this wonderful quiet neighborhood. My view of the wonderful quiet neighborhood changed somewhat. One, when they put a public park five feet from my bedroom window and every time that I'm woken up at 2 O'clock in the morning by some idiot hitting; the light pole out there I tell you my views of that residential neighborhood are confirmed somewhat. And second,... Mayor Suarez: What kind of a park? on, a public park you said. Mr. Daw: Public park, yes. And the ways in which that public park are used have to be seen to be believed or listened to be believed at 2 O'Clock in the morning. The second thing is that when my wife is robbed outside of our front door... Mayor Suarez: I have to tell you I went by there the other night to look at the whole project and the neighborhood and the park even while it was being used was still quiet, you know, people were playing tennis and that's a very quiet area. Mr. Daw: All right, the next time that I'm woken at 2 in the morning, I will invite you down so that you can hear. Mayor Suarez: Absolutely. Mr. Daw: OK. Fine. And the other thing is too... Mayor Suarez: You might get my wife instead. She is going to beat you over the head with something, but... Mr. Daw: OK. The other thing is too, is that when for example, the windows are blasted out of my wife's car with bullets and I have bullets through the car door, my own car door and as I said my wife was robbed outside the front door, my opinion of it as a quiet residential neighborhood does change somewhat. Thank you. Mayor Suarez: Thank you, sir. Ma'am? Ms. Jean Dolin: My name is Jean Dolin and I live on Grove Island. I think why I'm really here tonight is I would like to be for this project and can we have another line to buy stamps in? I'm tired of standing around at the Post Office. It's been a long evening. I wanted to speak very positively for a well planned development. The atrium inside, I think is a wonderful trade off for the setback on the light plane which is very small. I think the larger sidewalks, the opening to MacDonald and the redevelopment in this area will be a great asset for bringing the two parts of the Grove together. We talk about it. We have talked about it for years, but we continually beat down every worthwhile development that's wanted to build in this end of the Grove. I'm for it and a lot of people are. Thank you. Mayor Suarez: What are you doing there? Mr. Dawkins: You got two minutes to rebut. Mayor Suarez: Forty-five seconds rebuttal. If you have any clarification, any contradictions, anything that factually can be resolved, as far as opinions, we have heard every possible opinion under the sun tonight and now not under the sun anymore, I guess. Ms. Cooper: OK. With regard to the Post Office, perhaps this lady would like to have a Post Office on Grove Isle where she lives, but the people who are gl 94 February 27, 1986 i here to calk to you tonight who are represented by the various organizations who have signed the petitions do not want three quarters of the Post Office in the RS-2 district where it is proposed, where it's not even permitted use. With regard to whether or not this should be permuted, you have to make a determination whether this meets the requirements of variances. One example, whether... one criteria for a variance is whether it confers on the petitioners any special privilege not given to other lands in the same district. Mr. Fine, answers in his application, the majority of property in the SPI-2 DISLr1CL is not adjacent to residentially zoned land and therefore, it doesn't have to meet the requirements he does. I submit to you this map all the areas in the blue are SPI-2 properties that are adjacent to residential land. The area with the red cross on ic, "x" on it is Mr. Fine's, property. He is not the only one. He hasn't even made in his application cne pretense of meeting the criteria of variances nor has he met the criteria of special exception which is to meet the harmony of the neighborhood and the intent of the ordinance. I ask you to go with protecting the neighborhoods, protecting the people and upholding the recommendations of your Planning Department that has said that this project wnich is larger in square footage than the Grand Bay Hotel is too much building for this property and intruding into this residential neighborhood. Thank you, very much. Mr. Fine: I would like to conclude, Mayor, just with Billy Rolle who was here... Mayor Suarez: We have goL that letter. Mr. Fine: Did you get that letter? OK. Mayor Suarez: If you watIL to just say for the record that he favors the... Mr. Fine: Yes, that he favors the project. Yes, sir. And what I would like to do is submit the boards that were before you and a complete set of plans into the record, so the Clerk may have that. Ms. Cooper: Mr. Mayor, I have to object to any changed plans, which I understand these are and any thing... Mayor Suarez: Your objection is noLed for the record. Ms. Cooper: ...that was not already in the file. Thank you. Mayor Suarez: Thank you. I'm sure we are going to take it anyhow as a submission. Commissioners, motions, commentaries, can we move on to a few other items that we have tonight, I hope? Mr. Dawkins: I have a comment. When I ran I said that I would work with the people in the Grove. I established a task force on zoning that would advise me. Those individuals advised me that this was wrong and I have yet to hear anything here that changed my mind. The only thing theL was not addressed, that the task force said to me that I would like to have Mr. Fine, address if he would is the...I was told that the mass of Mr. Fine's project is greater than the mass of the Mayfair? Is that correct or incorrect, Mr. Fine? Mr. Fine: The plans... Mr. Dawkins: The Mayfair. I'm sorry, Mayfair. The Mayfair, not the Grand Bay. Mr. Fine: Not to my knowledge, and these plans couLain eighteen thousand square feet less of building than we are permitted to build under the Code. So, we are building eighteen thousand square feet less than we are permitted to build under the Code. Mr. Dawkins: OK. Would you have eighteen thousand less square feet if you did not protrude more than forty feet into the residential area? Mr. Fine: I don't protrude forty feet into the residential area. Mr. Dawkins: I mean, more... they said... 95 February 27, 1986 Mr. Fine: I don't protrude at all into the residential area. Everything that's being built on this property is being built within property that doesn't belong to anybody else, it's all within my property. Mr. Dawkins: OK. Mr. Pierce. The statement was made that the parking garage can intrude a hundred feet into the residential area. The statement was also made that this building intrudes a hundred forty feet into the residential area. Now, did you hear that tonight? Mr. Pierce: Mr. Dawkins, yes. Mr. Dawkins: OK. Now, go ahead. I'm sorry, go ahead, Mr. Pierce. Mr. Pierce: What you are referring to is the transitional area which is comprised of lots nine, ten, eleven and twelve, which front onto Florida Avenue. That is zoned RS-2/2 which is basically a duplex zoning. It's residential. Mr. Dawkins: So, then he does... I mean, this garage does intrude more tnan the allowable hundred feet into the residential area? Mr. Pierce: The zoning administrator has already made that decision Mr. Dawkins, it's his responsibility and according to his decision, the application is proper in that regard, but it does intrude more than one hundred feet into the RS-2 area, if that's the question. Mr. Dawkins: So,...thank you. Thank you, Mr. Fine. Mayor Suarez: Commissioners, do I hear a motion, further discussion? Is it going to die for lack of interest? Mr. Plummer: Everybody wants to go Lo heaven, but nobody wants to die. Ms. Kennedy: You are always thinking about that. Mr. Plummer: That's a Plummer commercial. Mr. Pierce: Joe Genuardi, the zoning administrator would like to put something on the record just for the knowledge of all concerned parties. Mayor Suarez: Go ahead, Joe Mr. Joseph Genuardi: Joseph Genuardi, zoning administrator, Fire Rescue and Inspection Services Department. First, let me say that my staff and I reviewed the plans and they are in compliance with all the Zoning regulations. Unfortunately, Mr. Acton and Ms. Cooper, read the wrong sections and add words to sections. So, they say it doesn't conform. Well, it does. The one thing I want to put in the record first is that the theatre that they are providing will be a non-profit as described or d community theatre rather as described in the ordinance and that they will comply with that. The fact about the building going more than a hundred feet is permitted under the 2018 which says transitional or other arras and this can come in for such special exception beyond a hundred feet as a parking facility. It is permitted under 2018. This was added in, I think, after George Acton left, maybe he is not aware of that, but it is in there. Also, the height does not exceed the twenty-five feet. They applied the method which is indicated in the Zoning Ordinance for sloped lots. It's called a "PAS Method" which was formulated by Dr. Bartley, who wrote this ordinance. So, they are in compliance with that also. A Post Office is a permitted use in RS. Governmental function uses are permitted in RS. It's not a transitional use, it's a permitted use. I just wanted to clarify chose. The fact about the loading spaces, if you added the total square footage and went into the tables you may come out with less loading spaces than if you divided it into uses. Any other questions you nave I'm ready to reply to all the comments that were made. Mayor Suarez: Thank you, Joe. No, I think Commissioner Plummer, was about to make a statement. Anyone? Commissioners? Mr. Plummer: I'm ready to make a statement, Mr. Mayor. gl 96 February 27, 1986 Mayor Suarez: Go ahead, Commissioner. Mr. Plummer: Mr. Mayor, them is no question in my mind the one thing that I think that everyone is in agreement or most everyone is in agreement on tndL this is an area it's inevitable is going to change. There is no question in my mind. I think another thing that is agreed upon what is there presently is an eye sore. It is a troubled eye sore. It is bad. It causes a lot of problems. Personally, I have gone over this thing and I nave driven the area and I have driven the area, and I understdnd the concerns of the two gentleman who nave spoken here this evening, but I don't think that this building is going to change, make or break, that area is going to change and tnert is no question about it. So, then the question comes about, how do we want it to change. There is nothing wrong with progress as long as it's orderly. I think that we have to set aside, even though it's nice to hear and I think it's a fine thing, that it's a social change, it's this, it's that, but we come down to a basic of zoning. I also, have to come to a basis that says the following; If not this, what? And I look at this particular drawings which is submitted for records which will become a part and parcel thereto, if in fact, approved and I have to say that I think that this building is in keeping with the business district of Coconut Grove. I think the atriums are very very nice. I would like to see the bulk of the parking structure reduced, but yet we still have to have the parking because it is very crucial in Coconut Grove, and I just make those comments for the record that I think this area is similar to 27tn Avenue. There is no question it is going to change and I just think that these are the things that dre going to happen and I would hope they would do in an orderly process. Ms. Kennedy: Along the lines of comments, let me tell Mr. Fine, that I am very impressed with your project. I believe you deserved to be commended on your design and on the public use. I, too, have been working very hard to find a place for Corky Dozier's Coconut Grove Children's Theatre in a permanent home. I thought, however, that as long as the neighbors were not adversely affected I would be able to support you, but they have spoken nere tonight loud and clear and I feel that I was elected to protect them. So, I will have to go against it. Mayor Suarez: Hear a motion from any Commissioner. I don't believe I have to state exactly how I feel about it. You are a heck of a nice guy Ron, but this project is wdy out of size for that area and I have no doubts that if you art required to scale it down you will still build something there and that the neighborhood needs it and I hope that you do come back if it doesn't pass and I have no idea at this point how it's going to go. I am particularly concerned about the light plane penetration. I'm not so concerned about the docking requirements, because I have a feeling tnat the whole thing is backwards, that if you don't need them ... you probably know best for your particular mixed use and I am concerned about the special use exception for parking. It does seem like it's going to create a real wall to the neignbors back there and I think it is a very quiet residential neighborhood. At least from what I have been able to ascertain in the back. In the front its a different kind of neighborhood, but you are trying to cover both sides, not just the front. Do I hear a motion from any Commissioner to either... wnat do we have? We have an application? Mr. Plummer: It's on appeal. Mr. Pierce: It's on appeal. Mayor Suarez: Appealed by? Mr. Pierce: It's on appeal by the objectors appealing the decision of the Zoning Board whicn approved the project. Mayor Suarez: So, a motion in favor of the appeal would deny the request of the developer? Mr. Pierce: Would deny the project. Right. Would overturn —well, there are two items on the agenda. Mayor Suarez: Aren't they pretty much interconnected or not? gi 97 February 27, 1986 --- A Mr. Dawkins: And no action would approve it? Mr. Pierce: Would let the decision of the Zoning Board stand. Mr. Dawkins: Is that approval or denial? Ms. Dougherty: That's approval. Mr. Pierce: That's approval. Mr. Dawkins: Thank you, that's wnat I said. Well, I established the zoning task force. They recommended that I vote denial and there was no sense in them working this hard if I didn't. So, I make a motion that it be denied. Ms. Kennedy: I second that motion. Mr. Plummer: Excuse me. The motion I think is to uphold the appeal. Mr. Dawkins: Yes, uphold the appeal. Mayor Suarez: In favor of the appeal. OK. Mr. Dawkins: Uphold the appeal. Thanks, J. L. Mayor Suarez: And that is as to both items, Commissioner? Mr. Plummer: You can only do one at a time. Mayor Suarez: OK, let's go on... Mr. Carollo: You are saying to uphold the recommendation of the Planning or Zoning Board? Mr. Plummer: Ot the appeal. Mr. Dawkins: No, to uphold the denial of the residents. Mr. Plummer: In effect, his motion kills the project. Mr. Pierce: It's to approve the appeal. Mayor Suarez: To approve the appeal. Ms. Dougherty: It's to grant... Mr. Plummer: kills the project. Ms. Dougherty: ...grant the appeal. Mayor Suarez: To grant the appeal, right, which kills the... Mr. Plummer: Kills the project. Ms. Kennedy: Yes, a motion to approve would deny the project. Mr. Dawkins: OK. Let's do it over. I am in favor of something happening on Grand Avenue. I have said from day one that the only way we are going to develop the Grove is to start at Main Highway and turn the corner and develop something, one corner at the time until you work down Grand Avenue. Tndt's my belief. But the residents have proven to my task force and to me that it's an intrusion on their privacy and so, even though I'm for the project I promised when I was elected that I would work with the individuals to fight the zoning that they were not approving. So, therefore, I move to uphold the appeal. Ms. Kennedy: And I second. Mayor Suarez: That's on Item 14, a motion and a second, any further discussion from the Commission? Hearing none, please call the roll on Item 14. gl 98 February 27, 1986 - .. .. .. ..-.lea A ON ROLL CALL: Mr. Carollo: It would be easy for me to vote with the majority of votes that are here and to appeal like a, you know, a good guy to the majority of the people that are here that are opposing this project, but I believe that as an elected official, that you have to listen to the people at that point, but at the same time you have to have vision into the future and bite the bullet when you think you have to. I don't think we can look into this area only in the scope of the next year or two or three or four or five years. You have to look at it into the future through the next five, ten, fifteen, twenty years and I think that by not approving this, what you eventually are going to get there is going to be much worse than any of you envisioned in the future. Therefore, I have to vote "no" to the motion. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-162 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING THE VARIANCE AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, CR COMMERCIAL -RESIDENTIAL (GENERAL), TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS AND ARTICLE 20, SECTION 2023, SUBSECTION 2023.4, TO PERMIT CONSTRUCTION OF A PROPOSED COMMERCIAL/RESIDENTIAL STRUCTURE (POST OFFICE PLAZA) AT 3195 GRAND AVENUE, ALSO DESCRIBED AS LOTS 9 THROUGH 20 INCLUSIVE LESS PORTIONS FOR RIGHT-OF-WAY, BLOCK 2, CHARLES H. FROW SUBDIVISION (13-53) P.R.D.C., AS PER PLANS ON FILE, WITH A + 9.0' MAXIMUM LIGHT PLANE PENETRATION AT + 50.01' HEIGHT ABOVE GRADE ALONG THE SPI-2/RS-2 DISTRICT BOUNDARY LINE AND PROVIDING 4 OF 8 REQUIRED OFF-STREET LOADING SPACES. LOTS 13 THROUGH 20 ARE ZONED SPI-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND LOTS 9 THROUGH 12 ARE ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL. THIS VARIANCE PETITION IS IN CONJUNCTION WITH A SPECIAL EXCEPTION APPLICATION FOR A PARKING STRUCTURE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ABSENT: None gl 99 February 27, 1986 19. DENY SPECIAL EXCEPTION FOR PROPOSED PARKING STRUCTURE IN CONJUNCTION WITH COMMERCIAL/RESIDENTIAL STRUCTURE (POST OFFICE PLAZA) 3174-90-92 b APPROX 3198 FLORIDA AVE. Mayor Suarez: Item 15. Mr. Plummer: I think there is no need on 15. Well, ne can go ahead. Mr. Pierce: Yes, you have to vote on it. Mayor Suarez: You want to make another motion on 15 jusL Lo complete tne... Mr. Plummer: Make it legal. Ms. Kennedy: What is 15? Mr. Plummer: 15 is tied to the same. Mayor Suarez: It's a special use exception. Same project. Mr. Dawkins: So move. Same motion. Mayor Suarez: It's been moved, the approval of the appeal...Lne granting of the appeal by the objectors. Do we have a second? Ms. Kennedy: Second. Mayor Suarez: Moved and seconded, any discussion from the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Dawkins, wno moved its adoption: RESOLUTION NO. 86-163 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2.1 TO PERMIT A PROPOSED PARKING STRUCTURE IN CONJUNCTION WITH A PROPOSED COMMERCIAL/RESIDENTIAL STRUCTURE, SAID PARKING STRUCTURE TO BE LOCATED AT 3174- 90-92 AND APPROXIMATELY 3198 FLORIDA AVENUE, ALSO DESCRIBED AS LOTS 9 THROUGH 12, INCLUSIVE LESS PORTIONS FOR RIGHT-OF-WAY,, BLOCK 2, CHARLES H. FROW SUBDIVISION (13-53) P.R.D.C., DETACHED RESIDENTIAL. THIS SPECIAL EXCEPTION PETITION IS IN CONJUNCTION WITH A VARIANCE APPLICATION FOR A LIGHT PLANE PENETRATION AND OFF-STREET LOADING SPACES. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ABSENT: None gl 100 February 27, 1986 l Mayor Suarez: We ought to get on to Items 11A and B, which I think have a great deal of public interest. We are going to get to Overtown, too, tonight. Ms. Cooper: Commissioner. Mayor Suarez: But that project has been going on for ten years. ` Ms. Cooper: I just wanted to on behalf of my clients and the people of Coconut Grove, thank you, for your time and your considerdtion. Mayor Suarez: Its' unnecessary, we try to do what we think is right. 20. UPHOLD ZONING ADMINISTRATION INTERPRETATION OF "BILLBOARDS SIGN FACES" ETC. Mayor Suarez: OK. George wants to make a proposal on 7 that will get us out of 7 and... Item 7 within three minutes. You want to do that very quickly, George? Mr. George Knox: Thank you, very much Mr. Mayor, and members of the v Commissioner. My name is George Knox. I'm an attorney with offices at 4077 Biscayne Boulevard and I represent E. A. Hancock Advertising. The nature of this proceeding is an appeal from the Zoning Board's upholding a zoning interpretation by the zoning administrator. On behalf of E. A. Hancock, I would simply like to request that the City Commission refer the matter to the Planning staff and Planning Advisory Board, in order to amend the ordinance relating to outside advertising consistent with its expression on the public record of its intent with respect to the configuration of the signs, and I refer specifically to Section 2026.15.2.1 (c) The language in the ordinance provides; "The sign structure shall be of unipod construction with only two (2) sign faces back to back and parallel to each other." The record reflects that this is not the intention of the City Commission and we simply ask that - the staff be directed to present an amendment to that provision which is consistent with the will of the Commission by deleting the reference to, and I "Back to back and parallel, with respect to the configuration of sign faces". Mayor Suarez: Well, what exactly do you want us to do now? Mr. Knox: The Commission intended that no two sign faces should appear on the same structure. The language of the ordinance provides essentially that, but the language also, provides that the... Mayor Suarez: It says that they have to be parallel. Zero degrees. Mr. Knox: Yes, sir. The signs nave been constructed pursuant to plans that were on file at the time at two hundred degree angles. I think that the staff has indicated at your January 23rd meeting, that there is no harm to the public by having the signs at two hundred degrees. Mayor Suarez: How much would it cost to make them parallel? Mr. Knox: I'm not certain of the cost, but I can tell you that it would be exorbitant, and especially, in light of the fact that to make them parallel would not cure any public evil as has been indicated by your staff. Mayor Suarez: I'm told every one of those signs makes over six thousand dollars a month per sign, that's twelve thousand per pair. There is ten of them. That's a hundred twenty thousand per month, more or less, that some of them pay about sixty dollars a month rent. So, you have got one of tht most profitable ventures in the history of any kind of economic enterprise that I can think of, particularly, those that depend on government; and if you expect to get my vote on this, George, you are going to nave to come up with some incentive for the City. Something that you would do, so that we would not J i r, gl 101 February 27, 1986 ,TIN Pq . n require you to put them parallel as we ... as this Commission initially required you to do and I have no particular suggestion, but maybe some donation to a worthy cause might be interesting. Mr. Knox: All right. Well, I understand What you are saying, Mr. Mayor, of course, I have not conferred with my clients on that matter, but as always they are interested in demonstrating thdt they are good citizens, and I might remind you, Mr. Mayor, and the members of the Commission, that they have already committed to donate approximately fifty tnousdnd dollars worth of advertising on behalf of the City of Miami. Mayor Suarez: I was thinking of something more concrete than advertising, like dollars. Mr. Knox: Yes, sir. Well, I can confer with my clients, but I yet would request that this matter be referred to the staff and the Planning Advisory Board, so we can begin d process of having it conformed to the will of the Commission. Mayor Suarez: What happens if we refer it back to the Planning Advisory Board? Does staff recommend or accept that or like that idea, or does that help us in any way to reach our final determination on what we do on something that is not following the letter of the law, but maybe following the spirit of the law in someway? Mr. Walter Pierce: If that's the decision of the City Commission, then that's what we will do, but we are not making a recommendation. We made a decision some time ago that it didn't meet the law as written. Mayor Suarez: But procedurally, what happens if we refer it to the Planning Advisory Board? We would just get a recommendation back from the PAB? Mr. Pierce: It would be a proposed amendment to change the language. It would have to go back to the PAB. Mayor Suarez: I have no problem with that, because it might give you additional time to think of some great incentive in the form of a donation to some programs that we need money for. Mr. Knox: Yes, sir. We would have no problem with that. Mr. Gary Held: My name is Gary Held. I'm an attorney with the firm of Thomson Zeder Bohrer Werth Adorno S Razook, with offices at 200 South Biscayne Boulevard. We are prepared to make a presentation tonight on the question of the appeal that's before you. I have not heard the word "withdrawal" from, Mr. Knox. Apparently, he is not prepared to withdraw the appeal, and I would request that a decision either to withdraw or affirm or deny the appeal be made tonight, remand just perpetuates the appeal. The procedure that should be followed is an amendment to the ordinance, not an appeal from this interpretation of the zoning administrator. To keep the appeal alive just perpetuates the fiction that parallel can mean non -parallel in certain circumstances. Mayor Suarez: Well, but we... I understand all of tndt procedurally, but I...there is nothing that prevents us from asking for input from our advisory board, the Planning Advisory Board in this case. Mr. Helfand: You are certainly entitled to do that if you think the input from the Planning Advisory Board would assist you in determining whether parallel can mean non -parallel. I'm suggesting that there is a procedure that can be followed CO amend the ordinance, which is separate and distinct from an appeal process from a zoning... Mayor Suarez: They are liable to come back with... Mr. Dawkins: But then.. wait a minute, are you saying to me that my Planning and Zoning Board cannot advise me that I can live with them as they are? Mayor Suarez: No, they would never be able to address the point of whether they arc parallel or not. a t a gl 102 February 27 1986 Mr. Dawkins: Hey, I'm not talking to you. Mr. Carollo: Excuse me, excuse me, hold on. representing here now? Who is that gentleman Mr. Helfand: I represent Tropical Audubon Society and a group of citizens from within the City of Miami, which have formed a committee called the "Citizens Against Expressway Billboards." It has included a number of citizens that have appeared before you in the past, including Alice Wainwright, Bob Worsham and others. Mayor Suarez: Wait a minute. Is Guillermo Martinez a member of that group? You are in big trouble. Mr. Dawkins: Tell him you don't speak English. Tell him. Mr. Knox: Just for the record in order to resolve, Mr. Helfand problem, we have not asked you to make any legislative determination about the appeal, and instead of perpetuating a question of interpreting this language, we simply ask that the language be changed to reflect your will. So, I think we are saying the same thing. Mr. Joseph Z. Flemming: May I speak please? I'm Joseph Z. Flemming, 620... Mayor Suarez: It depends. Mr. Flemming: I'm sorry. Mayor Suarez: It depends. What are you going to speak on? Mr. Carollo: Who are you representing, sir.? Mayor Suarez: Who do you represent? Mr. Flemming: It depends. Would that help me? I'm representing a group of citizens in the Tropical Audubon Society too. I appeared here a short time ago, when there was the initial appeal and Mr. Knox did not appeal and the Board that we were told at the last Commission meeting, should receive this question and rule on it, ruled that back to back and parallel didn't just mean back to back, it meant back to back and parallel, and that as Your Honor has stated that there has to be a zero degree difference. Now, what it looks like is similar to the song "Back to back, belly to belly, I don't give a damn, because I have done that already," and what they are sort of suggesting is, they didn't like what tney went through when they lost and they would like to go back and what I would like to suggest is that your agency as part of the City has ruled against them, and if they want to go back that's fine, but they should at least comply in the meantime, and there are fines, and there are laws, and there is due process, and there should be some way of doing this in a legalistic fashion, because the ordinance was written at the request of this particular applicant and they defined how they wanted the signs, and now that that has been done for them, they are trying to redefine of the signs and now they are trying to avoid an agency of the City that has ruled against them after an inspection resulted in d ruling against them. Mayor Suarez: Be careful with that term, because you are not really arguing that it's legalistic, you are arguing that it's legal, I presume. Otherwise, you could be in trouble there. Mr. Flemming: We have a situation here where no matter now you argue it, the ordinance that was passed said, that these signs are to be allowed on a restrictive basis, because of a number of problems with them, including the fact that they created .the traffic hazards and visual blights, and that was in your ordinance, and so, at the levels below there were these interpretations. We would only, respectfully, request that if you grant his request, in the meantime, you enforce the law, because he is basically, conceding that wnat happened below, which he has attempted to appeal from, was adverse to him. Mayor Suarez: OK. We have a suggestion that we refer this to the PAB. Commissioners, have any ideas on how you want to proceed on this, so we can take care of this item as, George, promised three minutes. al 103 February 27, 1986 A A Mr. Carollo: I guess that's why we have a City Attorney, so that she can advise us, but frankly what, you know, what I see that is happening and I hope we could stop some of this pain of spending more time and more time on this, and now they got attorneys and all kinds of things that nave been hired. The reason you are here today, sir, and you all have hired an attorney, is not really, you know, because you really care whether they are parallel or not. The bottom line is that you don't want them up, you want them down and you know, let's call it what it is. What gets me upset is that the only reason that came up and that language came about, was because this Commission ---and those minutes are clear ---only wanted to be sure and make sure that we would not have a pole where you would end up with a triangle and three billboards, three faces on a billboard on it, not two faces, and then one of the members of the City's staff, that was very much against billboards, Mr. Whipple, and campaigned very much against that outside of these Commission Chambers in some place across the street, tricked this Commission in placing that wordage and that language on that ordinance. That was not our intention. I, however, blame Mr. Knox, that he didn't pick up on that what was happening, but I understand, Mr. Knox, also is not an expert in this particular field. There are very few attorneys that are. So, you know, I just hope that we can stop this, you know, Mickey Mouse game, and finish this once and for all. Frankly, from what I have seen out there, I don't see any of tne...all the terrible things that was said about that, you know, and they are also not all the wonderful things that the billboard people said they are, but no where near all of the terrible things that, you know, others have claimed it to be. Mr. Flemming: Could I just respond? Mr. Carollo: You know, it's obvious, that, you know, before they put down those billboards, if it comes to that, you know, they will put them parallel ` which is not the intention of this Commission, and having them parallel, frankly, is even more dangerous than what you claimed it would be otherwise. Mr. Helfand: Mr. Commissioner, if I may. I am here tonight because there are billboards existing which are existing contrary to an ordinance that is clear and unambiguous. I am not here because I want those billboards down. I am here because there are rules that need to be abided by, and it would be absurd for this Commission to interpret the ordinance to permit non -parallel signs, when it's clear that it says that it has to be parallel. Mr. Dawkins: Madam City Attorney, would it be proper to say chat the legislative intent of this Commission was two signs and two signs only, and that we send this back to the City Attorney to draft a resolution that complies with the intent of this Commission? Ms. Dougherty: What you really need is an ordinance,... Mr. Dawkins: OK. Ms. Dougnerty:...whicti is what, Mr. Knox, has asked for an amendment to the zoning ordinance that defines exactly what your intent was. So, yes, that... Mr. Dawkins: Well, will you put in legalese, so we can move co the next item please, so I can move... Ms. Dougherty: Well, what I would suggest you do is approve the appeal and remand for consideration to the Planning Board an amendment that reflects your intent. Mr. Dawkins: So, move. Mr. Carollo: Second. Mayor Suarez: We nave a motion and a second, any further discussion from the Commission? I thought somebody was going to get into the issue of atomic physics and whether parallel is parallel. Mr. Helfand: May I make a statement? It was my understanding that, Mr.... i gl 104 February 27, 1986 Mr. Dawkins: We got a motion on the floor, sir. After the motion you can... you can speak after the motion. Mayor Suarez: Yes, we have a motion and a second. Any further discussion from the Commission, including wanting to hear furtner from counsel? Ms. Kennedy: Let me just inform comment and say that not too long ago when the issue of whether or not to permit billboard signs along the expressway was raised, representatives from the industry said that if she County changed the ordinance, the industry would make the County pay, you know, and now the thing... your clients come in and then in open disregard for our rules... Mr. Knox: Commissioner, let me clarify tnat for the record please and I think will enlighten... Mayor Suarez: Wait, George. Unless the Commissioner, wants to near it, we have got a motion and a second, and it's before the Commission now for consideration. Do you want to hear from any of the parties, Commissioner Kennedy? Ms. Kennedy: No. I would.. Mr. Helfand: Mr. Mayor, I would request to be heard, because if you are going to hear it on the merits, I have not made my presentation. Mr. Dawkins: We are not nearing it. Mayor Suarez: Well, we are beyond that, to tell you the truth. Mr. Dawkins: Thank you. Mayor Suarez: We are beyond that and I can't imagine that the substance of this would be much more than what we have heard already, to tell you the truth. I mean, parallel is parallel, I suppose and we know what the letter of the law says, we have a pretty good idea of what the legislative intent says and I think the Commission has to act. I had a suggestion that we could get something for nothing here, but ... OK. Commissioner Dawkins, is saying that he is going to figure out a way to still get that. Commissioner Plummer, any... All right, we have got a motion and a second, any further discussion from the Commission? Hearing none, please call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-164 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND THUS QUASHING THE ZONING ADMINISTRATOR'S INTERPRETATION NO. ZI-85-3, "BILLBOARD SIGN FACES UNDER SECTION 2026 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED" AND FURTHER DIRECTING THE PLANNING DEPARTMENT TO INITIATE AN AMENDMENT TO ZONING ORDINANCE NO. 9500 WHICH CONFORMS TO THE COMMISSION'S INTENT AND INTERPRETATION OF SECTION 2026 OF SAID ORDINANCE BY PERMITTING ANGLED SIGN FACES ON ONE POLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clark.) Upon bring seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote-, the resolution was passed and adopted by the following vote- gl 105 February 27, 1986 AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosariu Kennedy Vice -Mayor Miller J. Dawkins NOES: Mayor Xavier L. Suarez ABSENT: None. Mr. Knox: Thank you very much. 21. FIREWORKS IN THE VIZCAYA AREA FOR A SPONSOR'S PARTY ON MARCH 8, 1986. Mr. Dawkins: Mr. Mayor, I have got to two items here I think that I would like to ... I got two pocket items. One is a resolution relaxing the time limitation on the display of fireworks to allow the staging of display in the Vizcaya Brea in conjunction with a sponsor's party until 12:00 midnight on Saturday, March 8th, subject to the issuance of a permit by the Department of Fire, Rescue... Mayor Suarez: What function is that for? Mr. Plummer: That's the one we did this morning only in legal draft. Mayor Suarez: Oh, go ahead and move it. Mr. Dawkins: Move. Mr. Plummer: Second. Mayor Suarez: Moved and seconded, any further discussion, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-165 A RESOLUTION RELAXING THE TIME LIMITATION ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN THE VIZCAYA AREA IN CONJUNCTION WITH A SPONSOR'S PARTY UNTIL 12:00 MIDNIGHT ON SATURDAY, MARCH 8, 1986, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. A 22. AMEND CONTRACT WITH MIAMI-TRADE AND TOURISM COMMISSION. Mr. Dawkins: I have anotner one. Mayor Suarez: Another house cleaning? Mr. Dawkins: Uh huh, yes. "A resolution authorizing the City Manager to amend for a second time, in a form acceptable to the City Attorney, the contract dated August 23, 1985, between the Miami -Dade Trade and Tourist Commission and the City of Miami; whereby the contract amount is increased from $37,500 to $56,250 and whereby the contract expiration date is extended from January 31st to May 1986; further authorizing the City Manager to provide forthwith to the MDTC $18,750, for monies previously allocated for the Tourist Industry Coalition, and further having said allocation subject to conditions set forth by the City Commission in Motion No. 86-107." Its house cleaning because the intent was not in there. Mayor Suarez: So moved, do we have a second? Mr. Plummer: Second. Mayor Suarez: Moved and seconded, any further discussion, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-166 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND FOR A SECOND TIME, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE CONTRACT DATED AUGUST 23, 1985 BETWEEN THE MIAMI-DADE TRADE AND TOURISM COMMISSION, INC. (MDTTC) AND THE CITY OF MIAMI; WHEREBY THE CONTRACT AMOUNT IS INCREASED FROM $37,500 TO $56,250 AND WHEREBY THE CONTRACT EXPIRATION DATE IS EXTENDED FROM JANUARY 31, 1986 TO MAY 1, 1986; FURTHER AUTHORIZING THE CITY MANAGER TO PROVIDE TO THE MDTTC $18,750 FROM MONIES PREVIOUSLY ALLOCATED FOR THE TOURIST INDUSTRY COALITION, AND FURTHER HAVING SAID ALLOCATION SUBJECT TO THE CONDITIONS SET FORTH BY THE CITY COMMISSION IN MOTION NO. 86-107. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. I 23. RESCHEDULE COMMISSION MEETING FOR MARCH 18, 1986. Mayor Suarez: I have two more house cleaning items, one on the meeting that we have scheduled for March... initially had scheduled for March 13th, then rescheduled for the 12th and now apparently the consensus is that we can hold it better on the 18Lh of March, and that way I can complete my travel plans that I had forgotten about. Do I have to read it Madam City Attorney? Ms. Dougherty: Yes, sir. Mayor Suarez: It says "Whereas the City Commission of February 25, 1986 through Resolution No. 85-150 reschedule the first regular Commission Meeting of March 1986 to take place on Wednesday, March 12, 1986 at 9:00 A.M.; and whereas the City Commission deems it necessary to change its meeting date to Tuesday, March 18, 1986. Now, therefore, be it resolved by the Commission of the City of Miami, Florida: Section 1. The first regular City Commission Meeting of March, 1986 is hereby rescheduled to take place on Tuesday, March 18, 1986 at 9:00 A.M. Section 2. Resolution No. 86-150 adopted February 25, 1986, which had changed the date of said meeting is hereby rescinded." I read more than we had to. Do we have a motion and a second? Mr. Dawkins: Second. Mayor Suarez: Moved. Mr. Plummer: Moving to the 18th. Ms. Kennedy: Yes, second. Mayor Suarez: Moved and seconded, any further discussion, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-167 A RESOLUTION RESCHEDULING THE FIRST REGULAR MIAMI CITY COMMISSION MEETING OF MARCH, 1986 TO TAKE PLACE ON TJESDAY, MARCH 18, 1986 AT 9:00 A.M.; FURTHER RESCINDING RESOLUTION NO. 86-150, ADOPTED FEBRUARY 25, 1986 WHICH HAD CHANGED THE DATE OF SAID MEETING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. F gl 108 February 27, 1986 fi 24. RESCHEDULE COMMISSION MEETING FOR APRIL 17, 1986. Mayor Suarez: Yes, we have a problem with the... that we may as well get resolved with the meeting that would, otherwise, be scheduled for April 24th which is, that it's Passover. Do I hear a motion chat we change that, to what date do you recommend? April 24th, I see on the board. You want to move it to the Tuesday, so we don't have problems with the Wednesday, Commissioner Plummer's bad day. Mr. Plummer: Make it the 17th. Mayor Suarez: 17th? April 17th? Mr. Plummer: Sure. Mayor Suarez: You have a motion... Mr. Carollo: J. L., I'm curious about something. Why in your line of business is Wednesday a bad day? Mr. Plummer: Well, Joe, that's not... it's a very simple answer, Wednesday, is my brother's day off, and I hate to tell people I'm sorry get your hat and coat and walk, you know, it just doesn't work out very well. Mr. Carollo: I just wanted make sure if there was something that we are not supposed to do on Wednesday's that, you know, would lower our risk factor. Mr. Dawkins: I move that we move the April meeting to 17th. Mayor Suarez: We have a motion, do we have a second? Ms. Kennedy: I did. Mayor Suarez: Movrd and seconded, please call the roll, hearing no further discussion. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 86-168 A MOTION RESCHEDULING THE SECOND REGULAR MIAMI CITY COMMISSION MEETING ON APRIL 1986 TO TAKE PLACE ON APRIL 17, 1986. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. gl 109 February 27, 1986 i 25. APPROVE THREE LOCATIONS FOR MODERATE AFFORDABLE INCOME HOUSING OFF CLAUGHTON ISLAND: (1) SHELL CITY (2) EAST LITTLE HAVANA (3) VIZCAYA METRORAIL; ACCEPT $3,200,000 FROM DEVELOPERS OF CLAUGHTON ISLAND. Mayor Suarez: We have an item that involves $3.2 million dollars, which whether we decide to take it or not take it still means close to nine hundred dollars a day in interest at current interest rates. We really ought to get it resolved, one way or the other and that's Items 10 and 11, and we will cry to get to 8 and 9 right away too, if we possibly can. Mr. Carollo: 89? Whac is 89? Mayor Suarez: No, Items 10 and 11. 8 and 9 are the other two that we have got left to complete the agenda... Mr. Carollo: Oh. Mayor Suarez: ...and we would like to get to all of them if we possibly can. Mr. Plummer: Are you deferring 13? Mayor Suarez: Did we miss... Mr. Carollo: Gentlemen, it's late. Mayor Suarez: We will complete 13, also. Mr. Pierce: Mr. Mayor, on Item 12, we have to revisit that even though it's stamped withdrawn on the agenda. So... Mayor Suarez: Whatever other ones we will get to. I know that Ann Marie and Company have been waiting on Item 8, but let's get to 10 and 11 so we can get those resolved. What is the status of the bouncing $3.2 million dollars going back and forth? Mr. Carollo: Gentlemen, if I may, I would like to make a statement on the matter, since it was my motion that was approved the last time we discussed this item. I think that the record speaks for itself when we approved this contract, which I think was a contract when this Commission voted for it. Even though is might not be signed, I think legally, it would be seen as a contract. We approved, based upon a contribution from Swire of $3.2 million dollars, and then buying the project of Vizcaya, chat they would be off the hook, simple as .that. Now, if we are going to back on our word, for whatever the reasons are, and there might be some very legit reasons chat might be presented, I think that not only will we be in a tremendous legal bind, but at the same time our word is not going co mean much to a heck of a lot of people that could do a tremendous amount of good for this community, and I think that we have to abide by our word, accept the $3.2 million dollars, and if we put it in the bank, it is going to generate maybe another two, three hundred thousand dollars extra, by the time that they are ready to build in the Little Havana Site and the Liberty City Site, and at the same time get Swire off the hook for two-thirds of their commitment until finally Vizcaya is built and they go ahead and buy that out. Mr. Dawkins: Mr. Mayor, I respectfully... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I respectfully, disagree with my colleague, Mr. Carollo. No where during the hearing was it stated in the English language that by accepting .2.6 chat you let Swire off the hook. If you will read the transcript, you will continually hear, Miller Dawkins say, "You are letting him off the hook," and nobody said "Yes, we are". Now, go back and read the transcript. And my concern is this and I'm going to say it and be finished, poor people were promised two hundred units of housing by a developer. The same thing that we have been going through all day today, the same thing the 110 February 27, 1986 Mayor, just said to Hancock, "What will the citizens in the City reap from this?" The Swire Company... not the Swire, whoever the developers were promised that the citizens in the City of Miami would get two hundred units of housing. Ten years later, they don't have it, and this Commission allows the developer to pay a penalty of $3.2 million dollars for not having delivered housing. I mean, you accepted it and I have no problems with that, but in the event that...Mr. Pitts, approximately how long will it take you to break ground for your unit, sir? Mr. Otis Pitts: As soon as the financing is completed on the project and all the... we can fast track the design phase of it, I would put it, hopefully, within a hundred twenty days or so, we might be able to get it going. Tndt's ideal. Mr. Dawkins: Now, in the event that these units are not finished, God forbid it, Mr. Pitts, dropped dead and something happens, who's on the hook for the completion of the units? You just said you took $3.2 million dollars from Swire and he is off the hook. All I want today is for the City Commission to say, "If these units are not complete, the City of Miami will take Cicy of Miami taxpayers dollars, complete this project and give another bonus to the developer." That's all I'm asking. Mr. Plummer: May I inquire? Mayor Suarez: Commissioner? Mr. Plummer: I would ask of the, City Attorney, were there any stipulations as your understanding ---I think, Miller Dawkins, has raised a legitimate concern. Is there any prohibition that the City of Miami, who would be the recipient of those $3.2 million dollars, can hold and restrict that money in escrow until the projects are completed. Ms. Dougherty: Well, you...let me just address it in two ways. One, you have said you are not going to be the recipient of the money. Mr. Plummer: Well, no, we ---OK- Yes, we can change that. Ms. Dougherty: So, what you want to be, I believe, is probably the ... a co — trustee of the escrow account, or perhaps, you want the escrow account not to be disbursed until the project is completed. Mr. Plummer: Well, here, you know, let's get out of the legalistic and let's talk practical. The developers hand us the keys, we hand them the 1.6. Is there anything in there that prohibits from doing that? Ms. Dougherty: No, so long as everybody agrees. Mr. Traurig: May I have an opportunity to clarify the record? Mayor Suarez: I don't think we have any problem at this point with the concept that the only two conditions we imposed, as I remember, were, number one, that the delivery of the $3.2 million dollars which has been frustrated lately, although, we have tried to take it, and the completion of the units at ~ the Vizcaya site within twelve months. That is what I understood to be the only conditions we imposed on that day and I have reviewed it enough. What we are concerned about now, Bob, and I don't know that you would shed any additional light on that, is the mechanism for the transfer of the $3.2 million dollars to the two entities. If we were to hold it in escrow, that certainly would not make the money available for construction and disbursements. That would be the only problem I could see with that. Mr. Plummer: Except it would be guaranteed. It would be guaranteed... Mr. Traurig: I can answer that. Mayor Suarez: Yes, they could probably get letters of credit from banks and construction loans of all sort with that money in escrow, as long as the mechanism was very clear, I would think. gl 111 February 27, 1986 i Mr. Plummer: Plus the City would draw a thousand dollars... almost a thousand dollars a day. Mayor Suarez: You want to address just that issue, because if we revisit this whole thing, it will never end. Mr. Traurig: Yes, OK. First, I would like to give to each of you a copy of a letter. What has transpired subsequent to your meeting, is that we've tendered the check for $3.2 million dollars to the City, and the City returned... Mr. Dawkins: Why? Why, may I ask? Why? Mr. Traurig: Because we wanted to be in compliance with our obligations under the provisions of the motion. We at that time did not have a transcript of the meeting of January 23 and therefore, in an abundance of caution and to demonstrate good faith, we gave $3.2 million to the City with the... Mr. Dawkins: I would like to go on the record and say that I think chat the developer tendered the 3 million dollars co get himself off the hook and I want it in the records. Mr. Traurig: What happened thereafter, was that the City returned the $3.2 million dollars and we then analyzed the transcript, and the transcript very clearly says that we are to be released upon the delivery of $3.2 million and half to each of the CDCs'. That's the East Little Havana and also, Tacolcy. We therefore, entered into negotiations with them and with a neutral escrow agent, known as Homes For South Florida, Incorporated, who's representative Doug Brash, Senior Vice President of Southeast Bank is with us and I would like you to know who is on the Board of that entity. It's James Batton, Douglas Brash, John Meyer, Martin Fine, Dorthy Weaver, Francena Thomas, Carrie ' Meek, Hilario Candela, Carl Palmer, Angel Luria, and Peter Leferts of CitiCorp Savings. We delivered the money to them, rather to each of the CDCs' and they in turn endorsed those checks to the entity that I just described. We nave here in the room, a representative of Southeast Bank, the Senior Vice President, Mr. Brash, who can attest to the fact that that money has now been placed on deposit at Southeast Bank drawing interest. That interest to go to whomever is declared to be entitled to the interest by the resolution ultimately of this City Commission. So, we ask you if you would permit that as the structure for our channeling the money to the CDCs'. Now, in order to accomplish the disbursement of money from the escrow agent to the CDCs' we have an agreement, and the agreement provides chat they are entitled to the money under certain circumstances, one of which is that they not only have to demonstrate that there is a need for the money at that moment, but also, that they have commitments from institutions for the balance of the money to complete their project. Until that time, the escrow agent will hold the money and if they haven't been able to accomplish it within a defined period, that money would then, either go directly to the City, if the City wants It, or back to us and we. would have to start the process again. But what we are doing in this case, is trying to expedite the process, by delivering the money to that very responsible neutral third party. Mayor Suarez: They have to demonstrate an ability to build the required number of units with the monies that they are getting from Swire coupled with any matching grants or land grants they might receive, etc? Mr. Traurig: Yes. Let me just very quickly review. This is in the agreement which I distributed to each of you yesterday, you may not have had an opportunity co read it because it didn't arrive here until yesterday morning, but in paragraph.4, disbursement from the escrow fund is to be accomplished as follows: first, it would go to Swire, if within forty-five days there nas been no resolution by the City Commission specifically defining all of the obligations of each party and also, that Swire is released from further obligation, except for the purchase of those units at Vizcaya site, number two, that... Mayor Suarez: Completion, also, of construction on those units. Not just disbursing... they are supposed to be completed within twelve months, if I remember correctly, Bob. gl 112 February 27, 1986 Mr. Traurig: Well, that's an undertaking of the CDCs. Not an... Mayor Suarez: No, no, I meant the Vizcaya site ones have to be completed within twelve months. Mr. Traurig: Oh, yes. Yes. Mayor Suarez: I thought you said upon purchase only and I want to make sure that they are completed and built. Mr. Traurig: The second alternative is that it would go to the CDCs' upon certification (a) That the resolution has been passed memorializing your motion last month. Number two, that the funds are required and will be used solely for this project. And three, that all the other financial commitments are adequate, nave been received and are adequate Lo fully fund the project. The third alternative is the same as the second alternative, except that in the event one of the CDCs' for convenience in construction, would like to assign the proceeds, it could do that directly to the general contractor or however that would be accomplished. And finally, if all of the certifications have not been received by Swire within a hundred twenty days from the delivery Of the funds and we have already delivered the funds. They are already in the bank drawing interest then the escrow agent would be empowered to return the funds, and the escrow agent would be released, and then we are back to square one. Mr. Plummer: Well, who gets the interest on the money? Mr. Traurig: We are happy to have the interest go either to the CDCs' or to the City of Miami. The purpose of our initial delivery of the funds to the City, was so that the City would have the option either to retain the earned interest or to distribute it along with the other funds to the CDCs', perhaps, to create more units. We have absolutely, no concern over who gets the money and we are delighted if the City retains it. Mr. Plummer: Well, speaking for one, I think if the City keeps the money a number of things. Number one,... Mayor Suarez: You mean the interest? Mr. Plummer: No, the money. I think if we take the $3.2. million dollars, number one, we get the interest, which has been told to me is approximately a thousand dollars a day. Let's assume they can complete the project in the time that they are supposed to and that's three hundred sixty-five days. That means this City would be three hundred sixty-five thousand dollars richer. Number two, the City could retain that money until presented with the keys and then let them have the dollars that we have retained. I think we have to remember that we are basically, dealing with corporations that do not have extensive development experience. Now, I'm very much in favor of letting it go to the Shell site, Little Havana site, I voted for that, but I think that we have to understand that the understanding was the keys. The keys means the projects are finished, and I think if we retain a million six guaranteed by this City to dny financial institution, they can draw down on a letter of credit with the final payment going upon the completion, and I think that that would be the best way to do it. To give it to another group ---escrow group --- I don't see that, that accomplishes anything. The same stip... Mayor Suarez: You in effect want the City to be the escrow agent? Mr. Plummer: What I'm saying is the City is going to be the insurer. The City. is going to take the money and the City is going to ensure the project is done, because nobody is going to get any of that money until the projects individually or jointly are completed. Mr. Otis Pitts: Mr. Plummer, if I may address this matter? Mr. Plummer: Yes, sir. Mr. Picts: There are several, if you will, problems with that in terms of now we are proposing the finance the project, but I would just like to go back to the whole notion of the capacity and just sort of start at the ton and answer 113 February 27, 1986 the otner issues. First off, we ire all joint venturing with experienced developers and of course, the lenders in this project, including, the foundations are going to underwrite this project, both in terms of the capacity of the development team to develop the project, the adequacy of the financing to complete the project, and I would also, look at the adequacy of cash flows, debt coverage ratios as conventional lenders do. So, we are showing up our capacity with experienced developers. We have presented that capacity to you in track record, to assure that this project is going to move ahead. Additionally, even it that's not trusted, Swire itself has looked at these joint development teams and have concluded, at least, in we believe in our instance and I'm sure in the others, that the joint development team has the capacity to do it. The other thing in terms of how we draw this money down, the grant money from Swire is a grant and therefore, we expect to draw that money down .first into the project. If that money starts to cost us In terms of a loan, it begins to reflect the feasibility of doing the deal. Mr. Plummer: I think any bank, Mr. Pitts, would take the money in escrow dedicated to that by the City of Miami being the receiver, would understand that, that money is as good as gold. Now, you are going to be getting money from the Ford Foundation, you nave also, indicated that you are going to have to go to private lenders to gat that money, and you nave got a pot of gold sitting in the City of Miami Treasury, and I think that's the assurance that is needed to assure the concerns of Commissioner Dawkins, and I don't think it's unreasonable. Now, would it cause you a little bit of problem, maybe, but I think it's also an incentive, it's also an incentive for you to get it done iu a hurry and get those keys to us. Ms. Kennedy: Talking about problems, if we accept the money, then we will be getting into the construction management business, and I'm not sure we have the people to do that. Mr. Plummer: No, I don't agree with that, Commissioner Kennedy. We have nad other companies that have expressed an interest, that would get into it and do it. In no way would I propose that the City of Miami be the construction or the developer in any way, shape or form, but I just think that if in fact, you say that Swire has looked over the properties and looked over the development teams and they think it can be done, all I'm saying is give us some insurance that they will be completed. I think that's reasonable. Mayor Suarez: Let me just propose something, I would be ready to vote for any motion that would do exactly what you have done and with the additional wrinkle to, hopefully, take care of the concerns of Commissioners Dawkins and Plummer, that a construction disbursement schedule be prepared within fifteen days and come back to this Commission for approval by the escrow agent and working in conjunction with the two CDCs,' so that it nave a large rrtainage - at least, ten or fifteen or twenty percent before final disbursement and that way we will be basically copying what has taken placed in any kind of situation where a construction lender is giving out the money, but I don't - like Commissioner Kennedy, don't think that we should get into the business of actually overseeing it. We can just sort of approve a schedule which does guarantee that all the money will never be delivered at any one time and there will be a retainage. We can make it as high as the Commission desires. It could be as high as twenty percent before the final amount is paid up. Mr. Carollo: Well, I think that the group that, Mr. Traurig, mentioned, I'm satisfied with them handling it. The only thing is, I want to retain the right to approve the dates when we're giving monies out... Mr. Plummer: And the scnedule. Mayor Suarez: That will be the schedule, yes, the construction scnedule. Mr. Plummer: And the schedule. Yeah, very definitely. Mr. Carollo: It's the schedule, of course. At the same time the only other area that I might differ with some members of the Commission on is that, I think the City of Miami itself shall retain the interest and use the interest for additional housing later on that we might decide to go ahead with. 114 February 27, 1986 Mr. Pitts: If I may again, respond. I respect the...and not only that as, Commissioner Plummer said, I think it's a legitimate concern that Commissioner Dawkins has raised. However, we have in the instance of the East Little Havana, they have to acquire land and there are other things that need to happen up front, and these dollars, of course, here again, in terms of the lenders involved, they have to decide how these monies are going to be involved, because we are talking about monies being available at a certain point and time, and all the lenders in the deal, we need to look at how, what affect this now have or will have on the numbers that are involved. That's very important. So, 1 think to...and of course,... Mayor Suarez: Otis, I'm going to cut this off or if you would allow me, I'm going to make a motion that we accept the mechanism proposed with the modification that a construction loan schedule be submitted to this Commission for approval within fifteen days calling for a minimum twenty percent retainage of funds prior to the final disbursement upon completion of the units, and so moved. Ms. Kennedy: Second. Mr. Carollo: And that the City of Miami keeps all interest. Mr. Dawkins: His motion has been seconded. Will you accept the amendment? Mayor Suarez: Yes, I will accept the amendment. Mr. Dawkins: Discussion. Under discussion, I'm going to say again, that poor people are again, being shafted by this Commission. OK. You are allowing a promise that was made to poor people for a developer to build two hundred units of housing that would cost ten million dollars to construct today, off the hook for $3.2 million dollars, and if you are going to continue to do this when you people come in here for zoning variances and make promises and this Commission does not make developers live up to it, we shouldn't be sitting up here. Anymore discussion? Mr. Plummer: Yes. Under discussion, I'm going to vote for the motion as proposed, so that I can see it in fifteen days. It doesn't necessarily mean I will vote for the motion at that time. Mr. Traurig: May I inquire just for clarification sake? What, you nave done is to impose on the two CDCs' the obligation to come back to you with a construction loan schedule within fifteen days. Mayor Suarez: I was thinking that the escrow agent would be the one tnat would provide that. Mr. Dawkins: Then that they ... OK. Still under discussion. Then you are saying that Swire has nothing to do in this. He is not responsible anymore for nothing else. Mr. Traurig: That's correct, sir. Mr. Dawkins: No, no, I'm not asking you, I'm asking the, Mayor. I know what you ... Well, see, you want off the hook. I have no problem with tnat, and I don't blame you, see. Mayor Suarez: Swire would have the responsibility of completing the Vizcaya units within the twelve months. Mr. Dawkins: The Vizcaya? The Vizcaya has a... OK. Another thing, why is it that in the Little Havana area and in the Vizcaya area the units are for sale, but when you get to the Black community thert is no nome ownership, nobody is going to ... and the reason is that this man - and I think, if I'm in error, correct me, Mr. Pitts does not have the cash to build them to sell, so therefore... but why is it that when you all get to the Black community, you don't want to create ownership, you want rentals? Why? No, not you. This Commission. Not you, because you ain't got nothing to ... Why is it that this Commission go along with that? t S1 115 February 27, 1986 _A5 Mayor Suarez: I know...I will tell you what my answer to that will be, Commissioner. I voted we all voted last week or a week and a half, two weeks ago, for a total of $46 million dollars in bonds, which I understand will be all for home ownership programs, and if not they are going to nave a tough time getting me to approve any of tne... Mr. Dawkins: No, that's not what I asked you... Mayor Suarez: This particular one has a lot of Clements in it... Mr. Dawkins: I want to know about this one. Mayor Suarez: ... that will make it work, some of which in regards to the Vizcaya site which you know is not my favor site and I'm agreeing to it simply to get this project on the way. Mr. Dawkins: But the Vizcaya Site, the Swire Company will make money on it. Mayor Suarez: Yes, I have a feeling... Mr. Dawkins: It has nothing to do with... Mayor Suarez: Right. I have a feeling that those units will not be affordable housing at all and so, we are sort of getting that in order to get the rest of the pie and the rest of the pie is what interest me, because it will be affordable housing units as the parameters have been specified. Mr. Dawkins: OK. As the Chair, I close discussion. Call the roll Madam Chairperson. Ms. Dougherty: Mr. Mayor, could I read the amendment to the resolution, then that would reflect both of your concerns. Mr. Carollo: Otis, if you want to put them up for sale, I got no problems with it. Mr. Pitts: Well, the reason... I mean, there are a lot of strategies involved and one of the strategies we are attempting to do here is to look at both home ownership and create, if you will, some housing for people. There are a number of persons who cannot afford to get into housing and one of the things that... Mayor Suarez: Otis? Please Madam City Attorney, you were going to read the amendment. Ms. Dougherty: Yes, sir. This is an amendment to Section 2A, found on page 2 of the resolution. "Claughton Island Developers' obligations to provide such housing shall be released by the City for the number of units planned for such sites as follows: (a) The Claughton Island Developer's transmittal to an escrow agent for the benefit of the particular site's Community Development Corporation (CDC) $3.2 million to be earmarked for the development of such units on the Shell City Site and the East Little Havana Site (50% of said monies for each site) and shall be held in trust by the escrow agent subject to disbursements to the particular developers of said units on said site upon satisfactory evidence and assurance acceptable to the City Commission, as evidenced by construction disbursements schedule with a final retainage to be approved by the City Commission that said monies will be solely used for the above -noted intended purpose provided that the interest shall go to the City." Mr. Plummer: That still leaves us the flexibility of being the escrow agent. Mayor Suarez: Just approving the construction schedule. Ms. Dougherty: No, not the escrow agent. Mayor Suarez: The disbursement schedule rather. Ms. Dougherty: Just the construction schedule. You will not be the escrow agent under this. 116 February 27, 1986 Mayor Suarez: But we are imposing the conditions typical to an escrow agreement by specifying the disbursement scheduled. Mr. Dawkins: Any further discussion? Call the roll, Madam Clerk. The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 86-169 A RESOLUTION OF THE CITY OF MIAMI COM1%1ISSION APPROVING THREE LOCATIONS, PRESENTED TO THE CITY COMMISSION BY DEVELOPERS IN CONNECTION WITH MODERATE AFFORDABLE INCOME HOUSING DEVELOPMENT OFF CLAUGHTON ISLAND, AND IDENTIFIED AS FOLLOWS: "(1) THE SHELL CITY SITE, (2) THE EAST LITTLE HAVANA SITE, AND (3) THE VIZCAYA METRORAIL SITE." PURSUANT TO R-85-812; ACCEPTING SAID SITES SUBJECT TO TENDER BY CLAUGHTON ISLAND DEVELOPERS OF THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000) IN CASH, TO BE EQUALLY DISTRIBUTED BETWEEN THE SHELL CITY SITE AND EAST LITTLE HAVANA SITE DEVELOPMENT TEAMS; FURTHER, REQUIRING CLAUGHTON ISLAND DEVELOPERS TO ASSUME THE OBLIGATION TO PURCHASE AND SUBSEQUENTLY SEE OR RENT, AS LOW/MODERATE INCOME AFFORDABLE HOUSING, UPON DELIVERY FROM THE CONTRACTOR, 104 HOUSING UNITS AT THE "VIZCAYA METRORAIL" SITE; PROVIDING FOR RELEASE OF DEVELOPER'S OBLIGATIONS UPON FULFILLMENT OF ALL THE PREVIOUSLY STATED OBLIGATIONS. (Here follows body of resolution, omitted nere and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Vice -Mayor Miller J. Dawkins ABSENT: None. ON ROLL CALL: Mr. Dawkins: I vote "No". I still say that this Commission is allowing a developer who made a promise to build ten million dollars worth of housing off the nook for 3.6. Mr. Pitts: May I just ask him a question for clarification? As you... Mr. Dawkins: Yes, go right ahead, Mr. Pitts. Mr. Pitts: Yes. We have had some update, I guess, on this, in meeting with the lenders and trying to close on this. Tonight we nave what? A motion or a resolution? I'm trying to understand what I'm taking back now, when I go to talk with them further. Mayor Suarez: It's a resolution. Mr. Pitts: It's resolution. Mr. Carollo: Gentlemen, I'm an hour and forty-five minutes late for a meeting already, and tnis Commission's policy is to break at 9:00 and it's now 9:15. Mayor Suarez: Is there any items that the administration feels wC absolutely nave to dispose of, otherwise, we will create a problem? r: gl 117 February 27, 1986 ti. y. 4 26. CONTINUE PROPOSED AMENDMENT TO DEVELOPMENT ORDER FOR MIAMI CENTER I PROJECT. Mr. Walter Pierce: Mr. Mayor, on Item 12? Mayor Suarez: Yes. I hope it's not controversial. We done enough... (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Suarez: It's withdrawn? Mr. Walter Pierce: No, we would... no, that's the problem. It was not really withdrawn. We would like to have this continued for thirty days. Mayor Suarez: Oh, OK. Mr. Plummer: I move that Item 12 be continued for thirty days. Mr. Dawkins: Second. Mayor Suarez: It's been moved to be continued, seconded, any further discussion? Please call the roll. We will try to take Item 8, if you are here for Item 8. Mr. Dawkins: Item 8 and then I'm going. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-170 A MOTION TO CONTINUE, FOR 30 DAYS, CONSIDERATION OF PROPOSED AMENDMENT TO DEVELOPMENT ORDER (R-79-396) FOR MIAMI CENTER I PROJECT, A DEVELOPMENT ORDER OF REGIONAL IMPACT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: None. . ..... .................. ......... 27. ADOPT IN PRINCIPLE "1986 HOUSING ACTION PLAN-OVERTOWN TARGET AREA" Mayor Suarez: I will be here for as long as people say, but I'm going to try to keep a quorum as long as I can. Mr. Dawkins: I'm going after 8 Item Mayor Suarez: Item is the next one. What exactly are we approving on Item 8, Matthew? t Mr. Matthew Schwartz: Item 8, is the Overtown Housing Plan. Tnis was done in conjunction with the Overtown Advisory Board. It's a comprehensive program 1 for housing in Overtown for the 1986... gl 118 February 27, 1986 r ......._ - sib •a Mayor Suarez: What are we approving that we didn't already approve a couple of weeks ago? Selection of site? Perimeters for housing or what? Mr. Schwartz: It's basically,... this is a program for the City for housing. It really confirms, basically, what was approved at the last Commission meeting. Mayor Suarez: We are not further restricting it to Overtown/Park West or anything like that. Your pet project? Mr. Schwartz: No, no, no, this strictly for the sites of Southeast Overtown ... excuse me, in Overtown. Mayor Suarez: Thank you. Mr. Schwartz: Well, it's part of the Southeast Overtown/Park West area, the sites in question, but they are on 13th Street... Mayor Suarez: Why do we have to this if it seems like we did it already? Or are we just approving a little pamphlet that you passed out? Mr. Schwartz: Right, this is the plan and It also recommends... that was recommended by the Planning Advisory Board that the disposition of this property would go out for a nonprofit... priority be given to a nonprofit in Overtown and that was Saint Johns, that has been very much interested in this. Mayor Suarez: There is a specific recommendation for Saint Johns? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Schwartz: Within Overtown. Mayor Suarez: Nonprofit. That's again, the same parameters we have been talking about, and if it deviates, you know what's going to happen, lightening will strike you. Do we have three Commissioners left here? Mr. Dawkins: Yes, I'm here. Mayor Suarez: All right, I will entertain a motion Lo approve the housing plan---1986 Housing Action Plan-Overtown Target Area. Mr. Plummer: So, move. Mayor Suarez: Moved, do we have a second? Mr. Dawkins: Second. Mayor Suarez: Moved and seconded, any further discussion? Hearing none please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-171 A RESOLUTION APPROVING, IN PRINCIPLE, THE 1986 HOUSING ACTION PLAN-OVERTOWN TARGET AREA, WHICH PROPOSES TO PROVIDE 85 UNITS OF STANDARD HOUSING IN THE OVERTOWN TARGET AREA THROUGH REHABILITATION AND NEW CONSTRUCTION FROM 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- s.: gl 119 February 27, 1986 'A 11 AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Miller Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy 28. ACCEPT PLAT: "LEITNER TRACT AMENDED" Mayor Suarez: Item 9. Ms. Hirai: We don't have a quorum, Mr. Mayor. Mayor Suarez: What is Item 9? Is that an acceptance of a plat? Mr. Walter Pierce: Acceptance of a plat. Ms. Hirai: Mr. Mayor? Mayor Suarez: Yes. Where did I near from? Ms. Hirai: We don't have a quorum. Mayor Suarez: Commissioner Dawkins, you want to vote on Item 9, just the acceptance of a plat? Someone has been waiting all day, and Commissioner Kennedy, is here. I think he is going to agree to it. Mr. Pierce: He moved it. Mayor Suarez: He moved it. Do we have a second? Mr. Dawkins: No, no no no. What's that? Wait a minute! Number nine, no number #9, no. Mayor Suarez: Southwest 8th Street and Southwest 53rd Avenue property address. Mr. Plummer: Continue it? Mr. Dawkins: #9, no. Mayor Suarez: You want to continue it? Mr. Cattier: This is the acceptance of a plat tnat has been approved by the Plat and Street Committee. Mr. Dawkins: What Item is that? Mr. Plummer: 9. Mr. Cather: #9. Mayor Suarez: Why? Are you kidding me, why continue it after we... Mr. Dawkins: Yes, I move 9. Mr. Plummer: Second. Mayor Suarez: It's been moved and seconded, hearing no further discussion from the Commission, please call the roll. 0 Tne following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 86-172 A RESOLUTION ACCEPTING THE PLAT ENTITLED LEITNER TRACT AMENDED, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office or the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Commissioner J. L. Plummer, Jr. Vice -Mayor Miller J. Dawkins Mayor Xdvier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo NOTE FOR THE RECORD: Continue to next Planning & Zoning Meeting item 13, Amendment "Q-2", parking and/or storage of certain vehicles, etc. ............ 29. LEASE OF OFFICE SPACE AT DUPONT PLAZA CENTER FOR DEPT. OF DEVELOPMENT ------------------------------------------------------------------------------ Mayor Suarez: Now, we all get to go home. Mr. Plummer: We got to get an office Bailey. Mr. Dawkins: But also, I'm not going to push Herb Bailey on Skip Sheppard. When I tried to push the International Trade over there, you all wouldn't make them move over there. Mayor Suarez: No, we are only continuing Item 13 for the next Planning and Zoning. Mr. Dawkins: I know you don't give no money to International Trade unless they move into Skippy Sheppard's place, but you all don't want to make them move. Mr. Plummer: That's what I'm getting ready to read if you would listen co me. Mr. Dawkins: No, no, that's Herb... OK. Go ahead. Mayor Suarez: Where are they moving into. Now, let's... I want to near this. Mr. Plummer: To the Dupont Plaza. Mr. Dawkins: No, no, what I'm talking about that trade thing that we gave that money to, and I made a motion that we don't give them a penny unless they move. Mr. Plummer: It has nothing to do with them. This is in-house. Would you... Let me just read it, OK. Give me that time. Mr. Dawkins: I'm still voting "no". Mr. Plummer: "A resolution authorizing... gl 121 February 27, 1986 Mayor Suarez: I may vote "nu", too. I got to near this. No, no, go ahead Please. Mr. Piummer: "A resolution authorizing the City Manager to negotiate and execute a lease agreement with Dupont Plaza Cencer, in a form acceptable to the City Attorney, for lease of office space at the Dupont Plaza, at the annual aggregate rental of $96,740, subject to annual CPI adjustments and operating expenses for an original term of three years, witn the renewal option for the Department of Development and allocating monies therefor from previous appropriated funds, provided however, that the herein authorization is subject to the condition precedent that said department be successful in obtaining release from its existing lease agreements for space currently in use by said department or in finding a subtenant to assume the obligations of said department's existing lease agreement. Mr. Dawkins: OK. All I'm saying is that when... what's the name of that trade group? Mr. Odio: They are National... Mr. Plummer: No, that's International Trade. Mr. Odio: International Centers Mr. Dawkins: No, no, no, wait a minute let me... I listened to you. Now, listen a while. What's the name of it? Mr. Plummer: International Trade of Florida. Mr. Odio: International Centers. Mr. Dawkins: All right, how much money did the City of Miami give them? Mr. Odio: None, sir. We... Mr. Dawkins: Yes, we have. Mr. Odio: No. Mr. Plummer: None. In -kind, not monies. Mr. Odio: No, not monies. We have not given them any monies... Mr. Dawkins: They came here with a long plan telling you about how much money they needed. Mr. Plummer: We never approved it. Mr. Odio: But the way we approved tndt, sir. Mr. Dawkins: And we are not going to approve it unless they move in Skippy Sheppard's building. Mr. Plummer: That's a sepdrdte department, Miller. ..i1 Mayor Suarez: How long is the lease for? _ Mr. Plummer: Three yearn, with an option. Mr. Odio: Three years, but... three years... Mr. Plummer: Three years with an option. Mr. Odio: ...with option. Mayor Suarez: But the option is for us, not... Mr. Plummer: That is correct. I move it, Mr. Mayor. Mayor Suarez: It's been moved, do I hear a second? a 81 122 February 27, 1986 Mr. Odio: You don't have a quorum. Mr. Plummer: Rosdrio is here. Ms. Kennedy: Second. Mr. Odio: Oh, Rosdrio. OK. Mayor Suarez: Moved and seconded. I presume this is something that we absolutely have to do, and that you otherwise, would not have brought it up? Mr. Odio: Right now we have part of the department here, another part in Downtown Miami. Mayor Suarez: Moved and seconded, hearing no further discussion, please call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-173 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, WITH DUPONT PLAZA CENTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR _LEASE OF OFFICE SPACE AT AN ANNUAL AGGREGATE RENTAL OF $96,740, SUBJECT TO ANNUAL CPI ADJUSTMENTS AND OPERATING EXPENSES FOR AN ORIGINAL TERM OF THREE (3) YEARS, WITH A RENEWAL OPTION FOR THE DEPARTMENT OF DEVELOPMENT AND ALLOCATING MONIES THEREFOR FROM PREVIOUSLY APPROPRIATED FUNDS; SAID HEREIN AUTHORIZATION BEING SUBJECT TO THE CONDITION PRECEDENT THAT SAID DEPARTMENT BE SUCCESSFUL IN OBTAINING A RELEASE FROM ITS EXISTING LEASE AGREEMENTS FOR SPACE CURRENTLY IN USE BY SAID DEPARTMENT OR IN FINDING A SUBTENANT TO ASSUME THE OBLIGATIONS OF SAID DEPARTMENT'S EXISTING LEASE AGREEMENTS. (Here.follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Vice -Mayor Miller J. Dawkins Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo THERE BEING NO FURTHER BUSINESS TO COKE BEFORE THE CITY CO?KISSION, THE Ml�TIIIG HAS ADJOURNED AT 9:21 P.M. Xavier L. Suarez r! z--­ -N _ Natty Hirai CM CLEM INCORP RATED IS 96 gl 123 ITY OF IV-a[AMI DOCUMENT MEETING DATE FEBRUARY 27, 1986 NDEX- DOCL"DIT IDENTIFICATION REVOKE PERMIT TO MIAMI MOTORSPORT, INC. (FEBRUARY 13, 1986); AUTHORIZE CITY MANAGER TO AMEND RESTATED LICENSE AGREEMENT TO ALLOW FOR DETERMINATION OF AMOUNTS OF REQUI- RED MIAMI GRAND PRIX RARE INSURANCE. RATIFY/CONFIRM/APPROVE CITY MANAGER'S DE- SIGNATION OF CERTAIN AREAS WITHIN WHICH VENDOR LICENSES ARE NOT APPLICABLE BETWEEN 7:00 A.M. AND 7:00 P.M. (FEBRUARY 22-23 AND MARCH 1-2, 1986) FOR THE MIAMI GRAND PRIX EVENTS. AUTHORIZE TO PROCEED WITH A REQUEST FOR FUNDS FROM THE FLORIDA INLAND NAVEGATION DISTRICT TO STABILIZE THE SHORELINE OF CITY OWNED PROPERTY. AUTHORIZE TO PAY THE LAW FIRM OF BLACK & FURCI THE SUM OF $205,750.00 AS TOTAL PAYMENT OF ATTORNEY'S FEES AND COST INCURRED FOR DEFENSE OF LUIS ALVAREZ IN A CRIMINAL PROCEEDING; ETC..... ALLOW THE CONTINUED OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUARTERS IN CONNEC- TION WITH VACANT LOT AT 960 NORTHEAST 78TH STREET; ETC...... CLOSE/VACATE/ABANDON AND DISCONTINUE PUBLIC USE OF THE 20' ALLEY RUNNING WEST AND SOUTH FROM WEST RIGHT-OF-WAY LINE OF NORTH WEST 7TH COURT BETWEEN NORTHWEST 15TH AND 17TH STREETS (PLAT OF "HIGHLAND PARK HOSPITAL SUBDIVISION"). APPROVE THE INSTALLATION OF DRIVE-IN FACILI- TIES AT THE REPUBLIC NATIONAL BANK LOCATED AT 2800 NORTHWEST 7TH STREET; ETC.... PERMIT A REDUCTION OF THE NUMBER OF RESER- VOIR SPACES REQUIRED FOR DRIVE-IN FOR THE REPUBLIC NATIONAL BANK AT 2800 NORTHWEST 7TH STREET. COHMISS Al�M 86-151 86-152 86-153 86-154 86-155 86-156 86-157 1 'pOCUMENT•IiVDEX CONTINUED COMMISSION RETRIEVAL DOCUMENT IDENTIFICATION ACTION AND CODE NO. PERMIT CONSTRUCTION OF' A PROPOSED DRIVE- 86-159 IN TELLER FACILITY FOR THE REPUBLIC NATIONAL BANK AT 2800 NORTHWEST 7TH STREET. APPOINT: MARISSA A. PARES AND GEORGE H. 86-161 ADAMS TO ATHE CIVIL SERVICE BOARD OF THE CITY OF MIAMI, FLORIDA. REVERSE THE DECISION TO PERMIT CONSTRUCTION 86-162 OF A PROPOSED COMMERCIAL/RESIDENTIAL STRUCTU- RE (POST OFFICE PLAZA AT 3195 GRAND AVENUE). REVERSE THE DECISION TO PERMIT A PROPOSED 86-163 PARKING STRUCTURE IN CONDUCTION WITH A PROPOSED COMMERCIAL/RESIDENTIAL STRUCTURE AT 3198 FLORIDA AVENUE. RELAX TIME LIMITATION ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECH- NIC DISPLAYS IN THE VIZCAYA AREA IN CONJUNC- TION WITH A SPONSORS. PARTY UNTIL 12:00 MIDNIGHT ON SATURDAY MARCH 8, 1986; ETC..... AMEND FOR A SECOND TIME THE CONTRACT DATED AUGUST 23, 1985 WITH THE MIAMI-DADS TRADE AND TOURISM COMMISSION, INC. (MDTTC) INCREA- SING THE CONTRACT FROM $37,500. TO $56,250. RESCHEDULE THE FIRST REGULAR CITY COMMISSION MEETING OF MARCH, 1986 TO TAKE PLACE ON TUESDAY, MARCH 18, AT 9:00 A.M. APPROVE THREE LOCATIONS FOR MODERATE AFFORDA- BLE INCOME HOUSING DEVELOPMENT OFF CLAUGHTON ISLAND: (1) SHELL CITY SITE, (2) THE EAST OF LITTLE HAVANA SITE, (3) THE VIZCAYA METRORAIL SITE, ACCEPT SAID SITES FROM DEVELOPERS OF CLAGHTON ISLAND. APPROVE, IN PRINCIPLE 1986 HOUSING ACTION PLAN OVERTOWN TARGET AREA TO PROVIDE 18 UNITS OF STANDARD HOUSING IN OVERTOWN TARGET AREA; ETC.... 86-165 86-167 86-169 86-171 K -DOCUMENT NDEX CONTINUED DOCUMENT IDENTIFICATION TION AND CODE NO. ACCEPT PLAT: LEITNER TRACT AMENDED; ETC.... I 86-172 AUTHORIZE TO NEGOTIATE/EXECUTE A LEASE 86-173 AGREEMENT WITH DUPONT PLAZA CENTER ($96,740,) FOR DEPARTMENT OI' DEVELOPMENT.